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IN RE FALZERANO

BAP No. 11-6036.

454 B.R. 81 (2011)

In re Alvin James FALZERANO, Debtor. John S. Lovald, Trustee, Plaintiff-Appellant, v. Alvin James Falzerano; Gerald Wayne Falzerano; Lorelie Lynn Barth; Douglas Dean Falzerano; Warren Craig Falzerano; Laura L. Fox; Vanessa Michelle Falzerano; The Falzerano Children's Trust, by and through its Trustees, Warren Falzerano, Vanessa Falzerano, and Douglas Falzerano; and Theresa Ann Falzerano Estate, by and through its Personal Representative Douglas Dean Falzerano, Defendants-Appellees.

United States Bankruptcy Appellate Panel, of the Eighth Circuit.

Decided: August 10, 2011.

Attorney(s) appearing for the Case

Patrick T. Dougherty , Sioux Falls, SD, for appellant.

Brian L. Utzman , Rapid City, SD, for appellee.

Before KRESSEL, Chief Judge, SCHERMER, and VENTERS, Bankruptcy Judges.

VENTERS, Bankruptcy Judge.

The Chapter 7 Trustee, John S. Lovald, appeals the bankruptcy court's entry of a judgment in favor of the Defendants on his complaint seeking turnover under 11 U.S.C. § 542 of money allegedly owed to the bankruptcy estate. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(b). For the reasons set forth below, we affirm the judgment of the bankruptcy court.1

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