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IN RE WAGNER

No. 03-6083.

305 B.R. 472 (2004)

In re Steven S. WAGNER, Alberta A. Wagner, Debtors. Northeast Nebraska Economic Development District, Plaintiff-Appellee, v. Steven S. Wagner, Defendant-Appellant, Alberta A. Wagner, Defendant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed February 23, 2004.

Attorney(s) appearing for the Case

Dennis W. Morland, Norfolk, NE, for appellant.

Michael T. Brogan, Norfolk, NE, for appellee.

Before KRESSEL, Chief Judge, SCHERMER, and FEDERMAN, Bankruptcy Judges.

KRESSEL, Chief Judge.

Steven Wagner appeals from an order of the bankruptcy court denying him a discharge based on an intent to hinder, delay, or defraud a creditor pursuant to 11 U.S.C. § 727(a)(2)(A). Because we believe the bankruptcy court misapplied the law, we reverse.

BACKGROUND

Wagner operated a closely held business called Wagner Industries, LLC, which in conjunction with Wagner Tool and Engineering, LLC, designed, developed and produced...

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