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IN RE VOTE

BAP No. 00-6115ND.

261 B.R. 439 (2001)

In re Daryl Lee VOTE, Debtor. Wayne Drewes, Trustee, Appellant, v. Daryl Lee Vote, Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: April 25, 2001.

Attorney(s) appearing for the Case

Kip M. Kaler, Fargo, ND, for appellant.

Kyle L. Carlson, Lowell P. Bottrell, on brief, Fargo, ND, for appellee.

Before KRESSEL, SCHERMER, and VENTERS, Bankruptcy Judges.

VENTERS, Bankruptcy Judge.

The Chapter 7 Trustee, Wayne Drewes, appeals from the November 6, 2000, Order of the Bankruptcy Court2 denying the Trustee's Motion for Tumover ("Motion"). The Trustee's Motion sought the turnover of certain postpetition payments received by the Debtor pursuant to two federal agricultural assistance and crop disaster programs. Because we conclude that those postpetition payments received by the Debtor do not...

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