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IN RE HERTER

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

464 B.R. 22 (2011)

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

United States Bankruptcy Court, D. Idaho.

December 15, 2011.

Attorney(s) appearing for the Case

Daniel Green and Brett Cohoon , Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, ID, Attorney's for Plaintiff.

Jed W. Manwaring , Evan Keane, LLP, Boise, ID, Attorney for Defendants.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Introduction

During the pendency of her Chapter 71 bankruptcy case, debtor Nichole Herter ("Debtor") transferred an interest in a jointly-owned Pocatello home (the "Property") to her ex-husband, David Herter ("Herter"). Herter, who had recently completed his own chapter 7 case, then refinanced the existing second-position mortgage on the Property with Idaho State...

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