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IN RE MONTGOMERY

BAP Nos. KS-97-080 to KS-97-083, Bankruptcy Nos. 96-42363, 96-42362, 96-43110, and 96-42267, Adversary No. 97-7047.

219 B.R. 913 (1998)

In re Jan Becky MONTGOMERY, Debtor. In re Danette Della WOOD, also known as DeeDee Anderson, Debtor. In re Robert Owen SPARKS; and Kelley Renee Sparks, formerly known as Kelley Renee Sneed, Debtors. In re Lolita Marie JONES, Debtor. Robert L. BAER, Chapter 7 Panel Trustee, Appellant, Darcy D. Williamson, Trustee for the Bankruptcy Estate of Lolita M. Jones, Plaintiff—Appellant, v. Jan Becky MONTGOMERY, Danette Della Wood, Robert Owen Sparks, and Kelley Renee Sparks, Appellees, Lolita Marie Jones, Defendant—Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

April 21, 1998.

Attorney(s) appearing for the Case

Submitted on the briefs:*

John T. Houston of Cosgrove, Webb & Oman, Topeka, KS, for Appellant Robert L. Baer.

Darcy D. Williamson, pro se.

Jill A. Michaux of Neis & Michaux, P.C., Topeka, KS, for Appellees Robert Owen Sparks and Kelley Renee Sparks.

Larry E. Schneider, Topeka, KS, for Appellees Jan Becky Montgomery and Danette Della Wood and Defendant-Appellee Lolita Marie Jones.

Before McFEELEY, Chief Judge, BOHANON and CORNISH, Bankruptcy Judges.

OPINION

McFEELEY, Chief Judge.

The matter presented on appeal rises out of two orders of the United States Bankruptcy Court for the District of Kansas denying turnover of Earned Income Credits. For the reasons set forth below, we conclude the decisions of the bankruptcy court must be reversed and the matters remanded for further proceedings.

JURISDICTION AND STANDARD OF REVIEW

The Bankruptcy Appellate Panel has jurisdiction to hear appeals...

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