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IN RE WHITE

BAP No. AZ-07-1385-KPaJu. Bankruptcy No. 05-21488-SSC.

389 B.R. 693 (2008)

In re Damian Roderick WHITE, Debtor. Damian Roderick White, Appellant, v. Russell Brown, Chapter 13 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed April 22, 2008.

Attorney(s) appearing for the Case

Gary R. Stickell, for Appellant.

Trudy A. Nowak, for Appellee.

Before KLEIN, PAPPAS and JURY, Bankruptcy Judges.

OPINION

KLEIN, Bankruptcy Judge.

The appellant sold his Arizona homestead before filing the bankruptcy case in which he claimed the proceeds as exempt, but then did not reinvest them in a new homestead within the eighteen months required by ARIZ.REV.STAT. § 33-1101(C). Instead, he lost the proceeds in stock market trades made without the trustee's permission and without abandonment of the estate's interest in the fund. The bankruptcy court ordered turnover...

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