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IN RE KENDALL

BAP No. 10-6056.

440 B.R. 526 (2010)

In re Grant A. KENDALL; Andrea L. Kendall, Debtors. Kip M. Kaler, as Bankruptcy Trustee for Grant A. Kendall and Andrea L. Kendall, Plaintiff-Appellant v. Able Debt Settlement, Inc., Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: December 9, 2010.

Rehearing Denied December 28, 2010.

Attorney(s) appearing for the Case

Kip M. Kaler , Fargo, ND, for appellant.

Jon R. Brakke , Caren W. Stanley , on brief, Fargo ND, for appellee.

Before FEDERMAN, VENTERS, and SALADINO, Bankruptcy Judges.

FEDERMAN, Bankruptcy Judge.

Kip M. Kaler, as Bankruptcy Trustee for Debtors Grant A. Kendall and Andrea L. Kendall, appeals from the Judgment of the Bankruptcy Court1 finding that the Kendalls' payments to Able Debt Settlement, Inc. for debt settlement services were not fraudulent transfers pursuant to 11 U.S.C. § 548(a)(1)(B). For the reasons that follow, we AFFIRM.

BACKGROUND

In 2008, the Kendalls realized that...

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