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IN RE SUMMERS

BAP No. EC-01-1391-PBMA. Bankruptcy No. 99-26917-B-7. Adversary No. 00-2384.

278 B.R. 808 (2002)

In re Ann Marie SUMMERS, Debtor. Richard J. Hanf, Chapter 7 Trustee, Appellant, v. Eugene Summers; David Burchard, Chapter 13 Trustee for the Estate of Eugene Summers; Ann Marie Summers; Charles E. Sims, Chapter 7 Trustee for the Estate of Aurora Summers, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed May 16, 2002.

Attorney(s) appearing for the Case

Byron Lee Lynch, Redding, CA, for Richard J. Hanf, Chapter 7 Trustee.

Stanley A. Zlotoff, Bluer & Zlotoff, San Jose, CA, for Eugene Summers.

Before: PERRIS, BRANDT and MARLAR, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge.

The bankruptcy court in this case declared that certain real property owned jointly by debtor and her husband, Eugene Summers (husband), is held in a joint tenancy and that husband's interest in that property is his separate property. Debtor's chapter 71 trustee appeals, arguing that the property is community property, and therefore is property of debtor's bankruptcy estate. The questions are...

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