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IN RE COSTAS

BAP No. AZ-05-1440-MOSA, Bankruptcy No. 02-19423-RTB, Adversary No. 04-01228-RTB.

346 B.R. 198 (2006)

In re John M. COSTAS and Rachelle M. Costas, Debtors. Maureen Gaughan, Chapter 7 Trustee, Appellant, v. The Edward Dittlof Revocable Trust; Rachelle M. Costas; United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed July 13, 2006.

Attorney(s) appearing for the Case

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

Mark A. Bregman, Bregman & Burt. Scottsdale, AZ, for Rachelle M. Costas; The Edward Dittlof Revocable Trust.

Before: MONTALI, SMITH and AHART, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

A chapter 72 trustee sought to avoid as a fraudulent conveyance a disclaimer by the debtor of her interests in a trust. The court entered an order granting the debtor's summary judgment motion and denying the relief sought by the trustee. The trustee appealed and we AFFIRM.

I.

FACTS

The facts in this case are undisputed. Debtor Rachelle M. Costas ("Debtor") was the...

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