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IN RE EXPERT SOUTH TULSA, LLC

BAP No. KS-14-009. Bankuptcy No. 10-20982. Adversary No. 11-06011.

522 B.R. 634 (2014)

In re EXPERT SOUTH TULSA, LLC, Debtor. LTF Real Estate Company, Inc., Plaintiff-Counter-Defendant-Appellee, v. Expert South Tulsa, LLC, Defendant-Counter-Claimant-Cross-Claimant-Appellant, and First American Title Insurance Company, Defendant-Cross-Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

Filed December 4, 2014.

Attorney(s) appearing for the Case

Jonathan A. Margolies of McDowell Rice Smith & Buchanan, Kansas City, MI, for Defendant-Counter-Claimant-Cross-Claimant-Appellant.

Bruce E. Strauss of Merrick, Baker & Strauss, P.C., Kansas City, MI, and Tim L. Droel and J. Matthew Berner of Droel, PLLC, Bloomington, MN, for Plaintiff-Counter-Defendant-Appellee.

Before THURMAN, Chief Judge, ROMERO, and JACOBVITZ, Bankruptcy Judges.

This appeal involves funds placed in escrow by the debtor to ensure the completion of improvements on property it sold. The debtor asks us to review, inter alia: 1) whether it was proper for the bankruptcy court to determine the parties' interests in the escrowed funds on summary judgment; 2) whether the funds...

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