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IN RE WILLCUT

BAP No. NO-11-023. Bankruptcy No. 10-12802.

472 B.R. 88 (2012)

In re Ricky Alan WILLCUT, formerly doing business as Willcut Properties, LLC, formerly doing business as Horner Development, LLC, formerly doing business as Debonaire Farms LLC, and Terri Ann Willcut, Debtors. Steven W. Soulé, Trustee, Appellant, v. Ricky Alan Willcut, Terri Ann Willcut, ONB Bank and Trust Company, and United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

May 29, 2012.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Steven W. Soulé, pro se (Jean Carlos López of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, with him on the brief).

Todd Maxwell Henshaw of James, Potts & Wulfers, Inc., Tulsa, OK, for Appellees Ricky Alan Willcut and Terri Ann Willcut.

Before NUGENT, KARLIN, and ROMERO, Bankruptcy Judges.

KARLIN, Bankruptcy Judge.

This appeal is from a bankruptcy court order overruling the Trustee's objection to the Debtors' homestead exemption under 11 U.S.C. § 522(o)(4). Under § 522, a debtor can exempt certain property and protect that property from execution by a bankruptcy trustee. Section 522(o)(4) limits the homestead exemption to the extent of any value attributable to fraudulent conversion of nonexempt assets within ten years of filing...

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