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IN RE TERRY

No. 11-2582.

687 F.3d 961 (2012)

In re Joseph Warren TERRY, Debtor. Joseph Warren Terry, Appellee, v. Standard Insurance Company, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 3, 2012.

Attorney(s) appearing for the Case

David D. Farrell , argued, St. Louis, MO, for appellant.

Victor Felix Weber , argued, Kansas City, MO, James Kevin Checkett , on the brief, Carthage, MO, for appellee.

Before WOLLMAN, COLLOTON and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Joseph Warren Terry, who receives long-term disability benefits, filed a Chapter 7 bankruptcy petition. He later sued the bankruptcy trustee, seeking a declaration that his disability insurance provider, Standard Insurance Company, should not have reduced his benefits by the amount of certain "voidable" payments. The bankruptcy court ruled that Standard was precluded from recouping the payments. In re Terry, No. 08-43123, 2010 WL 2891710...

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