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IN RE LUMBAR

BAP No. 11-6018.

457 B.R. 748 (2011)

In re Mary Joan LUMBAR, formerly known as Mary Joan Welsh, formerly known as Mary Joan LaFond, Debtor. Patty J. Sullivan, Trustee, Plaintiff-Appellant v. Raymond J. Welsh; Joan C. Welsh; Welsh Living Trust, Raymond J. Welsh and Joan C. Welsh, Trustees, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: October 12, 2011.

Attorney(s) appearing for the Case

Andrea M. Hauser , argued, Minneapolis, MN, for appellant.

Thomas Jerome Flynn , argued, Julie N. Nagorski , on the brief, Minneapolis, MN, for appellee.

Before FEDERMAN, VENTERS and SALADINO, Bankruptcy Judges.

FEDERMAN, Bankruptcy Judge.

The Chapter 7 Trustee in the bankruptcy case of Mary Joan Lumbar appeals from the Bankruptcy Court's judgment in favor of the Debtor's parents on a fraudulent transfer action, holding that the Debtor could not fraudulently transfer property that would have been exempt. For the reasons that follow, the judgment is reversed and remanded for further findings.

FACTUAL BACKGROUND

The facts are essentially undisputed. Shortly...

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