IN RE KUKOWSKI

No. 06-6038ND.

356 B.R. 712 (2006)

In re Jeffery A. & Nancy KUKOWSKI, Debtors. Jeffery A. & Nancy Kukowski, Appellants, v. Michael L. Wagner, Trustee, Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: December 21, 2006.


Attorney(s) appearing for the Case

Lori K. Weisz, Harvey, ND, for Debtors.

Michael L. Wagner, Bismarck, ND, for trustee.

KRESSEL, Chief Judge, VENTERS and McDONALD, Bankruptcy Judges.


McDONALD, Bankruptcy Judge.

Debtor appeals from the order of the bankruptcy court1 sustaining Trustee's objection to Debtor's claim of exemption of monthly payments he receives pursuant to an annuity. We affirm.

I.

The relevant facts are not in dispute. Debtor, a North Dakota resident, was severely injured in a car accident in 1989 in which he became permanently disabled. Debtor is unable to work because of the disability...

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