IN RE FARR

BAP No. 09-6010.

407 B.R. 343 (2009)

In re Rodney N. FARR, Debtor. Michael S. Dietz, Trustee, Plaintiff-Appellant v. Ronald Langlie, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: June 8, 2009.


Attorney(s) appearing for the Case

Michael S. Dietz, Scott James Hoss, Rochester, MN, for Plaintiff-Appellant.

Paul V. Sween, Austin, MN, for Defendant-Appellee.

Before SCHERMER, FEDERMAN, and SALADINO, Bankruptcy Judges.


FEDERMAN, Bankruptcy Judge.

Plaintiff Michael S. Dietz, the Chapter 7 Trustee in Debtor Rodney N. Farr's bankruptcy case, appeals from the Bankruptcy Court's judgment determining that funds previously held in the Debtor's bank account were held subject to a constructive trust in favor of Defendant Ronald Langlie. Plaintiff contends that such funds were an asset of the Debtor and that the pre-bankruptcy payment of such funds to Langlie was a preferential or fraudulent...

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