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IN RE KUNZ

BAP No. UT-05-021. Bankruptcy No. 02C-40422. Adversary No. 03PC-2460.

335 B.R. 170 (2005)

In re Ronald Kent KUNZ, also known as R. Kent Kunz, also known as Ronald Kunz, also known as Kent Kunz, also known as K. Kunz, also known as R. Kunz, Debtor. Stephen W. Rupp, Trustee, Plaintiff-Appellee, v. United Security Bank, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

December 14, 2005.

Attorney(s) appearing for the Case

Jeremy C. Sink, Stephen W. Rupp with him on the brief, McKay, Burton & Thurman, Salt Lake City, UT, for Plaintiff-Appellee.

Don J. Pool, Powell & Pool, Fresno, CA, Stephen B. Watkins and Paul M. Halliday, Halliday & Watkins, P.C., Salt Lake City, UT, on brief, for Defendant-Appellant.

Before CORNISH, BROWN, and McNIFF, Bankruptcy Judges.

OPINION

CORNISH, Bankruptcy Judge.

United Security Bank ("Bank") appeals the bankruptcy court's order denying its motion for partial summary judgment and granting the motion for partial summary judgment filed by Stephen W. Rupp, Trustee ("Trustee"), concluding as a matter of law that the Bank was an insider of the Debtor for purposes of 11 U.S.C. § 547(b)(4).1 We affirm in part and reverse in part.

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