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IN RE WENGERD

BAP No. 10-8080.

453 B.R. 243 (2011)

In re James Mark WENGERD; Cheryl Sue Wengerd, Debtors.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided: June 15, 2011.

Attorney(s) appearing for the Case

ARGUED: Michael V. Demczyk, McNamara, Demczyk & Dehaven CO., L.P.A., Uniontown, OH, for Appellants. Lisa M. Barbacci, Medina, OH, for Appellee. ON BRIEF: Michael V. Demczyk, McNamara, Demczyk & Dehaven Co., L.P.A., Uniontown, OH, for Appellants. Lisa M. Barbacci, Medina, OH, for Appellee.

Before: BOSWELL, FULTON, and McIVOR, Bankruptcy Appellate Panel Judges.

OPINION

G. HARVEY BOSWELL, Bankruptcy Appellate Panel Judge.

James Mark Wengerd and Cheryl Sue Wengerd ("Debtors") appeal an order of the bankruptcy court sustaining the Trustee's objection to their homestead exemption and granting the Trustee's motion for turnover of proceeds from the sale of the Debtors' residence.

I. ISSUE ON APPEAL

The issue raised by this appeal is whether the bankruptcy court erred in sustaining the Trustee's objection...

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