IN RE LITZINGER

BAP No. 04-6059EM.

322 B.R. 108 (2005)

In re Louise M. LITZINGER, Debtor. Louise M. Litzinger, Debtor-Appellant, v. The Estate of Victor Litzinger, Claimant-Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: March 15, 2005.


Attorney(s) appearing for the Case

Daniel L. Goldberg, St. Charles, Missouri, for appellant.

David A. Warfield, St. Louis, Missouri, for appellee.

Before KRESSEL, Chief Judge, DREHER, and MAHONEY, Bankruptcy Judges.


DREHER, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court allowing a claim by The Estate of Victor Litzinger in the amount of $130,553.38. In allowing the claim the bankruptcy court held that debtor had participated in the conversion of at least that amount of probate estate assets. We remand with instructions to the bankruptcy court to address a jurisdictional issue which was never raised or briefed before the bankruptcy court or this Bankruptcy...

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