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IN RE SMITH

BAP No. AZ-05-1163-SKMO. Bankruptcy No. 02-19420-GBN.

342 B.R. 801 (2006)

In re Fredrick Edward SMITH and Cheryl Lynn Smith, Debtors. Maureen Gaughan, Chapter 7 Trustee, Appellant, v. Fredrick Edward Smith; Cheryl Lynn Smith, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed April 7, 2006.

Attorney(s) appearing for the Case

Paul Sala, Allen & Sala, P.L.C., Phoenix, AZ, for Maureen Gaughan, Trustee.

Donald W. Powell, Carmichael & Powell, P.C., Phoenix, AZ, for Frederick and Cheryl Smith.

Before: SMITH, KLEIN and MONTALI, Bankruptcy Judges.

OPINION

SMITH, Bankruptcy Judge.

The chapter 7 trustee, Maureen Gaughan, appeals a final order of the bankruptcy court, entered April 11, 2005, which effectively denied her motion to compel the turnover of certain homestead funds claimed exempt by debtors, Frederick Edward and Cheryl Lynn Smith (collectively, "Debtors"). The trustee timely filed a notice of appeal on April 20, 2005. We REVERSE.

I. FACTS

The facts are undisputed. On October...

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