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IN RE JOHNSON

BAP No. 13-6050.

509 B.R. 213 (2014)

In re Grace Montgomery JOHNSON, Debtor. Nauni Jo Manty, Trustee-Appellant v. Grace Montgomery Johnson, Debtor-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: April 22, 2014.

Attorney(s) appearing for the Case

Jacqueline J. Williams , argued, Nauni Manty , Timothy Joseph Pramas , Jacqueline J. Williams , on brief, Minneapolis, MN, for Trustee-Appellant.

Craig William Andresen , argued, Bloomington, MN, for Debtor-Appellee.

Before FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.

FEDERMAN, Chief Judge.

The Chapter 7 Trustee in the bankruptcy case of Grace M. Johnson appeals from the Order of the Bankruptcy Court holding that a property tax refund is exempt under Minn.Stat. § 550.37, subd. 14, as "government assistance based on need." For the reasons that follow, we reverse.

FACTUAL BACKGROUND

Debtor Grace M. Johnson is an 88-year old widow whose only regular source of income is social security. She owns a home valued...

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