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IN RE JOHNSON

No. 03-1576.

375 F.3d 668 (2004)

In re: Steven R. JOHNSON Debtor. Jasmine Z. KELLER Appellant, v. Steven R. JOHNSON Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 12, 2004.

Attorney(s) appearing for the Case

Thomas E. Johnson, argued, Minneapolis, MN, for appellant.

Robert Everhart, argued, New Brighton, MN, for appellee.

Before MELLOY, McMILLIAN, and COLLOTON, Circuit Judges.

MELLOY, Circuit Judge.

Steven Johnson ("debtor") and his wife divorced in 2001. As part of the property settlement, the debtor's former spouse was awarded "all right, title and interest of [sic] the homestead of the parties," subject to all encumbrances of record and a lien in favor of the debtor. The debtor's former spouse and their minor daughter reside on the premises.

The debtor filed for Chapter 13 bankruptcy relief in 2002. He claimed that his lien on...

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