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IN RE TERRY

BAP No. 10-6058.

443 B.R. 816 (2011)

In re Joseph Warren TERRY, Debtor. Joseph Warren Terry, Plaintiff-Appellee, v. Standard Insurance Company, Defendant-Appellant; Norman E. Rouse, Trustee, Defendant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: January 28, 2011.

Rehearing Denied February 15, 2011.

Attorney(s) appearing for the Case

David D. Farrell, argued, St. Louis, MO, for appellant.

Victor Felix Weber, argued, Kansas City, MO, James Kevin Checkett and Mariann Morgan, on the brief, Carthage, MO, for appellee.

Before KRESSEL, Chief Judge, SALADINO and NAIL, Bankruptcy Judges.

KRESSEL, Chief Judge.

The Standard Insurance Company appeals1 from an order of the bankruptcy court granting the debtor's complaint for a declaratory judgment. The court determined that Standard may not recoup $45,316.54 of disability insurance "overpayments" from the debtor's future disability payments. For the reasons below, we reverse and remand.

BACKGROUND

The facts were established by stipulation of the parties and...

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