IN RE BAUDER

No. 05-6033NI.

333 B.R. 828 (2005)

In re Vicki Jo BAUDER, Debtor. Michael W. Ellsworth, Plaintiff-Appellee, v. Vicki Jo Bauder, Debtor—Appellant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed November 14, 2005.


Attorney(s) appearing for the Case

Craig H. Lane, Sioux City, Iowa, for appellant.

John S. Moeller, Sioux City, Iowa, for appellee.

Before SCHERMER, FEDERMAN, and VENTERS, Bankruptcy Judges.


VENTERS, Bankruptcy Judge.

This is an appeal of the bankruptcy court's June 20, 2005 memorandum decision denying the Debtor's discharge under 11 U.S.C. § 727(a)(4). We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(b). For the reasons set forth below, we reverse the court's decision.

I. STANDARD OF REVIEW

"Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and...

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