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EILBERT v. PELICAN

BAP No. 97-6034SI.

212 B.R. 954 (1997)

Nadine F. EILBERT, Appellant, v. David D. PELICAN; Anita L. Shodeen, Appellees.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided October 14, 1997.

Attorney(s) appearing for the Case

Jeffrey W. Courter, August B. Landis, Whitfield & Eddy, Des Moines, IA, for Debtor.

Paul Campbell Peglow, Johnson & Sudenga, Marshalltown, IA, Donald F. Neiman, Bradshaw & Fowler, Des Moines, IA, for David Dennis Pelican.

Anita L. Shodeen, Beving & Swanson, Des Moines, IA, trustee.

Before KRESSEL, SCHERMER, and DREHER, Bankruptcy Judges.

KRESSEL, Bankruptcy Judge.

Nadine F. Eilbert appeals from the bankruptcy court's1 order disallowing her claimed exemption in an annuity. We affirm.

I. BACKGROUND

The debtor, Nadine F. Eilbert, is a seventy-seven-year-old widow. On July 16, 1994, her husband, Raymond E. Eilbert, was involved in an automobile accident with appellee David Pelican. Raymond Eilbert was killed and Pelican sustained severe injuries. As a result...

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