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IN RE POPKIN & STERN

No. 01-6003EM.

263 B.R. 885 (2001)

In re POPKIN & STERN, Debtor. Robert J. Blackwell, Plaintiff-Appellee, v. Michael Lurie and Ryan Lurie, Defendants-Appellants, Ronald U. Lurie, Defendant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed June 27, 2001.

Attorney(s) appearing for the Case

Stanley Goldstein, St. Louis, MO, for Appellant.

Serall Chezem, O'Fallon, MO, for appellee.

Before KRESSEL, WILLIAM A. HILL and O'BRIEN, Bankruptcy Judges.

KRESSEL, Bankruptcy Judge.

The defendants, Michael Lurie and Ryan Lurie, appeal from the order of the bankruptcy court2 which awarded the defendants restitution for their interest in property that was sold at an execution sale pursuant to a fraudulent transfer judgment which was subsequently reversed. The bankruptcy court determined that, upon a reversal of judgment, an appellant is entitled to restitution in the amount actually received...

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