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IN RE KLEINFELDT

BAP No. WY-02-054, Bankruptcy No. 01-10292.

287 B.R. 291 (2002)

In re Eric Andrew KLEINFELDT, Debtor. Eric Andrew Kleinfeldt and Jae L. Kleinfeldt, Appellants, v. R. Michele Russell, Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

December 30, 2002.

Attorney(s) appearing for the Case

Submitted on the briefs:* Stephen R. Winship of Winship & Winship, P.C., Casper, WY, for Appellants.

R. Michele Russell of R. Michele Russell, P.C., Riverton, WY, for Appellee.

Before BOHANON, BOULDEN, and CORNISH, Bankruptcy Judges.

OPINION

BOHANON, Bankruptcy Judge.

The Appellants appeal an "Order on Motion for Turnover" entered by the Bankruptcy Court for the District of Wyoming. The order denied the Appellants' request that the Trustee be ordered to turnover a portion of the Debtor's 2001 tax refund to Mrs. Kleinfeldt.

The Appellants contend that Mrs. Kleinfeldt, who is a homemaker and is not a co-debtor with her husband, is entitled...

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