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IN RE HABERMAN

BAP. No. KS-06-008, Bankruptcy No. 02-11974-7, Adversary No. 02-5273.

347 B.R. 411 (2006)

In re Christopher Lee HABERMAN, also known as Chris L. Haberman, and Catherine May Haberman, also known as Cathie M. Haberman, also known as Cathie M. Tucker, Debtors. J. Michael Morris, Trustee, Plaintiff — Appellant, v. St. John National Bank, Christopher Lee Haberman, and Catherine May Haberman, Defendants — Appellees.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

August 9, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:* J. Michael Morris of Klenda, Mitchell, Austerman, Zuercher, L.L.C., Wichita, Kansas, for Plaintiff — Appellant.

Before CORNISH, BROWN, and THURMAN, Bankruptcy Judges.

OPINION

CORNISH, Bankruptcy Judge.

J. Michael Morris, Chapter 7 Trustee ("Trustee"), appeals an order of the bankruptcy court limiting his recovery of postpetition payments in a lien avoidance action to the value of the collateral on the date of bankruptcy and denying his motion to recover post petition payments made in excess of the value of that collateral.1 For the following reasons, we affirm the decision of the bankruptcy...

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