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IN RE SCRIVNER

No. 07-6167.

535 F.3d 1258 (2008)

In re Toby SCRIVNER and Angelique Pisano, Debtors. Toby Scrivner and Angelique Pisano, Appellants, v. John D. Mashburn, Trustee, Appellee.

United States Court of Appeals, Tenth Circuit.

August 8, 2008.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Sam George Caporal and Mark W. Hayes, Oklahoma City, OK, for the Appellants.

John Mashburn, Trustee, Garvin, Agee, Carlton & Mashburn, P.C., Edmond, OK, for the Appellee.

Before TACHA, BRISCOE, and HARTZ, Circuit Judges.

TACHA, Circuit Judge.

Toby Scrivner and Angelique Pisano (the "debtors") appeal from the judgment of the Bankruptcy Appellate Panel ("BAP") affirming the bankruptcy court's authorization of a surcharge of their exempt property. Exercising jurisdiction pursuant to 28 U.S.C. § 158(d)(1), we REVERSE the BAP's judgment and the bankruptcy court's order authorizing the surcharge of the debtors' exempt assets.

I. BACKGROUND

On October 14, 2005, the...

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