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MATTER OF DERRITT

Bankruptcy Nos. 81-01215A, 81-01211A, Adv. Nos. 81-0878A, 81-0888A.

20 B.R. 476 (1982)

In the Matters of Beverly Ann DERRITT, Debtor. John W. RAGSDALE, Jr., Trustee, Plaintiff, v. CREDITHRIFT OF AMERICA, INC., Defendant. In re George A. STRATIGOS and Constance Stratigos, Debtors. John W. RAGSDALE, Jr., Trustee, Plaintiff, v. GENERAL ELECTRIC CREDIT CORPORATION, Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

May 31, 1982.

Attorney(s) appearing for the Case

Peter Wynkoop, Atlanta, Ga., for plaintiff.

Kirby G. Bailey, Decatur, Ga., Doug Wallace, Atlanta, Ga., for defendant.

MEMORANDUM OF OPINION

A.D. KAHN, Bankruptcy Judge.

The above-styled cases are consolidated for purposes of this opinion because they involve a common issue: whether the Trustee has stated a cause of action where he seeks to recover as preferential, installment loan payments made by a consumer-debtor to a creditor, on a consumer debt that is secured by property of the consumer-debtor, and made in the ordinary course of the consumer's affairs pursuant to the...

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