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IN RE HERTER

Bankruptcy No. 08-41160-JDP. Adversary No. 10-8093-JDP.

456 B.R. 455 (2011)

In re Nichole R. HERTER, Debtor. R. Sam Hopkins, Trustee, Plaintiff, v. Idaho State University Credit Union; Nichole Renae Herter; and David Herter, Defendants.

United States Bankruptcy Court, D. Idaho.

Decision Denying Reconsideration September 2, 2011.

Attorney(s) appearing for the Case

Daniel C. Green , Brett Cahoon , Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, ID, for Plaintiff.

Judy L. Geier , Jed Manwaring , Evans Keane, LLP, Boise, ID, for Defendants Idaho State University Credit Union and David Herter.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Introduction

Resolution of the issues in this action requires the Court to decide whether an interest in an Idaho residence, which passed unadministered through a husband's chapter 71 bankruptcy case, may be administered as property of the bankruptcy estate in his wife's subsequent chapter 7 case. If the house is indeed property of the second bankruptcy estate...

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