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IN RE ANDERSEN

No. 00-6088 MN.

259 B.R. 687 (2001)

In re Estella W. ANDERSEN and Harry R. Andersen, Debtors. Estella W. Andersen, Harry R. Andersen, Appellants, v. Charles W. Ries, Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed March 13, 2001.

Attorney(s) appearing for the Case

Charles W. Ries, Mankato, MN, for appellee.

Ryan B. Magnus, Mankato, MN, appeared on brief.

Before KOGER, Chief Judge, SCHERMER, and SCOTT, Bankruptcy Judges.

SCOTT, Bankruptcy Judge.

I. Factual Background

In 1986, at the age of 58, Estella Andersen received an inheritance. Since her place of employment offered her no pension or retirement plan, she prudently used the inheritance to purchase an annuity, remitting $40,000 in a single payment. It is not disputed that she intended that this annuity contract be in lieu of a retirement plan. In 1991, nearing retirement age, she made the required election on the annuity...

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