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IN RE WISE

No. 02-1482.

346 F.3d 1239 (2003)

In re: Darlene Jill WISE, Debtor. M. Stephen Peters, Chapter 7 Trustee, Appellant, v. Darlene Jill Wise, Appellee.

United States Court of Appeals, Tenth Circuit.

October 10, 2003.

Attorney(s) appearing for the Case

M. Stephen Peters, Trustee, Wheat Ridge, CO, for Appellant.

R. Scott Schofield, Colorado Springs, CO, for Appellee.

Before MURPHY and PORFILIO, Circuit Judges, and BRORBY, Senior Circuit Judge.

BRORBY, Senior Circuit Judge.

In this appeal we decide whether the spousal maintenance payments paid to debtor Darlene Jill Wise by her ex-husband within 180 days after the filing of her Chapter 7 bankruptcy petition are property of the bankruptcy estate under 11 U.S.C. § 541(a)(5)(B) and therefore must be turned over to the Chapter 7 Trustee, M. Stephen Peters. Both the bankruptcy court and the district court held these post-petition maintenance payments were...

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