IN RE BULLEN

Bankruptcy Nos. 79-24303, 80-2051A.

11 B.R. 440 (1981)

In re David J. and Margaret E. BULLEN, Debtors. Louis A. RYEN, as Trustee, Plaintiff, v. GENERAL MOTORS ACCEPTANCE CORPORATION, Bruce Locklin, Dolores Locklin, Security Trust Company of Rochester and Sears, Roebuck Company, Defendants.

United States Bankruptcy Court, W.D. New York.

June 1, 1981.


Attorney(s) appearing for the Case

Lacy, Katzen, Ryen & Mittleman by David MacKnight, Rochester, N.Y., for debtor.

John G. Curran, Rochester, N.Y., for General Motors Acceptance Corp.


MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The trustee has commenced an action to recover a preference under § 547 of the Bankruptcy Code. Both parties have moved for summary judgment.

The facts appear to be as follows. In October of 1978, the debtors purchased a 1978 Pontiac and executed a retail installment contract which was assigned to GMAC in the amount of $10,979.04. This agreement was payable over a 48 month period. Payments...

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