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IN RE LESMEISTER

Bankruptcy No. 99-30245.

242 B.R. 920 (1999)

In re Martin and Cynthia LESMEISTER, Debtors. Wayne Drewes as bankruptcy trustee for Martin and Cynthia Lesmeister, Plaintiff, v. Martin Lesmeister and Ag Acceptance Corporation, Defendants.

United States Bankruptcy Court, D. North Dakota.

November 24, 1999.

Attorney(s) appearing for the Case

Kip M. Kaler, Fargo, ND, for plaintiff.

David L. Johnson, Fargo, ND, for Martin Lesmesiter.

Jon R. Brakke, Fargo, ND, for Ag Acceptance Corporation.

MEMORANDUM OPINION AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

The matter before the Court stems from a Complaint filed by Wayne Drewes, Chapter 7 Trustee, on June 23, 1999, seeking to recover for the estate a government disaster payment in which Defendant Ag Acceptance Corporation (Ag Acceptance) claims a security interest. Two issues are presented. First, whether the disaster payment constitutes property of the estate under section 541 and secondly...

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