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SHOLDAN v. DIETZ

No. 96-1836 MNMI.

108 F.3d 886 (1997)

Arthur SHOLDAN, Debtor, Earl Jensen, The Personal Representative of the Probate Estate of Arthur Sholdan, Appellants, v. Michael DIETZ, the Trustee of the Bankruptcy Estate of Arthur Sholdan, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 13, 1997.

Attorney(s) appearing for the Case

Cynthia F. Gilbertson, argued, Minneapolis, MN (David F. Herr, on the brief), for appellant.

Michael S. Dietz, argued, Rochester, MN, for appellee.

Before BEAM and LOKEN, Circuit Judges, and MOODY, District Judge.

MOODY, District Judge.

Earl Jensen, the personal representative of the probate estate of debtor, Arthur Sholdan, appeals from the decision of the district court affirming the bankruptcy court in sustaining the chapter 7 trustee's objection to Sholdan's homestead exemption. Because the district court failed to make a finding on whether Sholdan's homestead exemption was made with the "intent to defraud," we remand.

Sholdan was a retired farmer who sold his farm...

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