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IN RE CLEMENT

No. 18-6026.

604 B.R. 352 (2019)

IN RE: Tracy John CLEMENT, doing business as Clement Farms, Debtor. Phillip L. Kunkel, as Chapter 11 Trustee Plaintiff-Appellee, v. CUSB Bank, formerly known as CUS Bank Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: August 8, 2019.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Michael Sherwood Dove , of New Ulm, MN. The following attorney(s) appeared on the appellant brief; Michael Sherwood Dove, of New Ulm, MN., Dean M. Zimmerli , of New Ulm, MN.

Counsel who presented argument on behalf of the appellee was Samuel J.H. Sigelman , of Minneapolis, MN. The following attorney(s) appeared on the appellee brief; Samuel J.H. Sigelman, of Minneapolis, MN.

Before SCHERMER, SHODEEN and DOW, Bankruptcy Judges.

CUSB Bank appeals the Bankruptcy Court's1 entry of summary judgment in favor of Phillip Kunkel, Trustee. For the reasons that follow, we affirm.

STANDARD OF REVIEW

We review a bankruptcy court's grant of summary judgment de novo. Mwesigwa v. DAP, Inc.,

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