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IN RE HILGERS

BAP No. KS-06-098. Bankruptcy No. 04-11019-7. Adversary No. 04-05281.

371 B.R. 465 (2007)

In re Phillip L. HILGERS, also known as Phil Hilgers, and Nanette Hilgers, Debtors. D. Michael Case, Trustee, Plaintiff-Appellee, v. Phillip L. Hilgers and Phillip L. Hilgers, as Trustee of the Laverne W. Hilgers Trust, Defendants-Appellants, and Turnbull Oil, Inc., Stephen A. Hilgers, as Trustee of the Jack E. Hilgers Trust, and Stephen A. Hilgers, as Trustee of the Blanche A. Hilgers Trust, Defendants-Appellees.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

July 10, 2007.

Attorney(s) appearing for the Case

Ross Wichman of Anderson & Wichman, Hays, KS, for Defendant-Appellant Phillip Hilgers.

J. Michael Morris of Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, KS, for Defendant-Appellee Turnbull Oil, Inc.

D. Michael Case, Trustee, pro se.

Before McFEELEY, Chief Judge, BOHANON, and BROWN, Bankruptcy Judges.

OPINION

BROWN, Bankruptcy Judge.

Appellant Phillip Hilgers (Debtor) appeals the bankruptcy court's judgment declaring that his interests in three trusts were property of his bankruptcy estate and subject to turnover to the bankruptcy trustee under 11 U.S.C. § 542(a).1 For the following reasons, we affirm.

I. Background

The Debtor's, parents, Jack and Laverne Hilgers, and his grandmother, Blanche...

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