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IN RE AFY, INC.

BAP No. 11-6065.

461 B.R. 541 (2011)

In re AFY, INC., also known as Ainsworth Feed Yards Company, Inc., Debtor. Joseph H. Badami, Plaintiff-Appellee v. Robert A. Sears, Defendant-Appellant RiverSource Life Insurance Policy, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: January 13, 2012.

Attorney(s) appearing for the Case

Jerry L. Strasheim , Omaha, NE, for Appellant.

James A. Overcash , Lincoln, NE, for Appellee.

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

KRESSEL, Chief Judge.

Robert A. Sears appeals from the September 6, 2011 bankruptcy court order finding that the bankruptcy estate of AFY, Inc., a/k/a Ainsworth Feed Yards Company, Inc., is contractually and equitably entitled to receive the cash value of a life insurance policy, owned by Sears and paid for by AFY, to reimburse AFY for policy premiums paid. On appeal Sears argues that the bankruptcy court lacked jurisdiction...

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