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IN RE FALZERANO

BAP No. 11-6036.

454 B.R. 81 (2011)

In re Alvin James FALZERANO, Debtor. John S. Lovald, Trustee, Plaintiff-Appellant, v. Alvin James Falzerano; Gerald Wayne Falzerano; Lorelie Lynn Barth; Douglas Dean Falzerano; Warren Craig Falzerano; Laura L. Fox; Vanessa Michelle Falzerano; The Falzerano Children's Trust, by and through its Trustees, Warren Falzerano, Vanessa Falzerano, and Douglas Falzerano; and Theresa Ann Falzerano Estate, by and through its Personal Representative Douglas Dean Falzerano, Defendants-Appellees.

United States Bankruptcy Appellate Panel, of the Eighth Circuit.

Decided: August 10, 2011.

Attorney(s) appearing for the Case

Patrick T. Dougherty, Sioux Falls, SD, for appellant.

Brian L. Utzman, Rapid City, SD, for appellee.

Before KRESSEL, Chief Judge, SCHERMER, and VENTERS, Bankruptcy Judges.

VENTERS, Bankruptcy Judge.

The Chapter 7 Trustee, John S. Lovald, appeals the bankruptcy court's entry of a judgment in favor of the Defendants on his complaint seeking turnover under 11 U.S.C. § 542 of money allegedly owed to the bankruptcy estate. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(b). For the reasons set forth below, we affirm the judgment of the bankruptcy court.1

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