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IN RE UNTERREINER

BAP No. 11-6039.

459 B.R. 725 (2011)

In re Jeffrey Scott UNTERREINER; Lisa Marie Unterreiner, Debtors. The Samuel J. Temperato Revocable Trust, Plaintiff-Appellee, v. Jeffrey Scott Unterreiner; Lisa Marie Unterreiner, Defendants-Appellants.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: November 18, 2011.

Reconsideration Denied December 20, 2011.

Attorney(s) appearing for the Case

J. Michael Payne, argued, Cape Girardeau, MO, for appellant.

Thomas H. Riske, argued, Robert Emil Eggmann, on the brief, St. Louis, MO, for appellee.

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

SALADINO, Bankruptcy Judge.

This is an appeal by defendants, Jeffrey and Lisa Unterreiner, from an order and judgment of the bankruptcy court dated May 25, 2011, granting summary judgment on plaintiff's complaint to determine dischargeability pursuant to 11 U.S.C. § 523(a)(2)(B). For the reasons that follow, we REVERSE and REMAND.

STANDARD OF REVIEW

We review a bankruptcy court's grant of summary judgment de novo, Mwesigwa v. DAP,...

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