IN RE KLESALEK

No. 04-6064.

336 B.R. 769 (2006)

In re William A. KLESALEK, d/b/a Klesalek Excavating, Debtor. Robert Klesalek, successor personal representative of the Estate of Flora Klesalek, Plaintiff-Appellee, Darrell Suchy, Connie Thompson, Richard Seeman, Intervenor Plaintiffs-Appellees, v. William A. Klesalek, Defendant-Appellant.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: January 6, 2006.


Attorney(s) appearing for the Case

Jon R. Brakke of Fargo, North Dakota, for appellant.

David Rodger Bliss of Bismarck, North Dakota, Tom Tuntland of Mandan, North Dakota, for appellee.

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


FEDERMAN, Bankruptcy Judge.

This is an appeal from an Order of the United States Bankruptcy Court for the District of North Dakota issued on October 19, 2004, in which the court ordered debtor William Klesalek to return two parcels of real estate to the estate of Flora Klesalek for distribution to her heirs. Such Order did not require the estate to compensate debtor for funds he had paid Flora to purchase such real estate. For that reason, we reverse and remand.<...

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