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IN RE RUBIA

BAP No. KS-00-008. Bankruptcy No. 98-14903. Adversary No. 99-5141.

257 B.R. 324 (2001)

In re Robert Max RUBIA, Debtor. J. Michael Morris, Trustee, Plaintiff-Appellant, v. Vulcan Chemical Credit Union, Defendant-Appellee, Robert Max Rubia, Defendant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

January 3, 2001.

Attorney(s) appearing for the Case

J. Michael Morris, Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, Kansas, for Plaintiff-Appellant.

Eric D. Bruce, Bruce, Bruce & Holt, L.L.C., Wichita, Kansas, for Defendant-Appellee.

Before McFEELEY, Chief Judge, CLARK, and McNIFF, Bankruptcy Judges.

OPINION

CLARK, Bankruptcy Judge.

J. Michael Morris, Chapter 7 trustee ("Trustee"), appeals an Order of the United States Bankruptcy Court of the District of Kansas dismissing his complaint seeking the turnover of certain funds from Vulcan Chemical Credit Union ("VCCU"). For the reasons set forth below, we AFFIRM the bankruptcy court's Order.

I. Background

The debtor obtained three loans from VCCU: one secured by a 1993...

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