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CRANMER v. ANDERSON

No. 2:11-CV-230 TS. Bankruptcy No. 10-22994 WTT.

463 B.R. 548 (2011)

In re Fred Fausett CRANMER, Debtor Appellant, v. Kevin R. ANDERSON, Chapter 13 Trustee, Appellee.

United States District Court, D. Utah, Central Division.

December 7, 2011.

Attorney(s) appearing for the Case

Paul James Toscano , Salt Lake City, UT, for Debtor Appellant.

Kevin R. Anderson , Salt Lake City, UT, pro se.

Jocelyn J. Rick , Salt Lake City, UT, for Appellee.

MEMORANDUM DECISION AND ORDER REVERSING BANKRUPTCY JUDGE AND REMANDING FOR FURTHER PROCEEDINGS

TED STEWART, District Judge.

This matter is before the Court on Debtor Fred Cranmer's ("Appellant") appeal of a final order of dismissal entered on January 28, 2011 by the U.S. Bankruptcy Court for the District of Utah. Appellant argues that the bankruptcy court failed to properly apply 42 U.S.C. § 407 and thereby improperly

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