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IN RE DAVIS

Bankruptcy No. 81-60100-THOM, Adv. No. 82-6003-THOM.

22 B.R. 644 (1982)

In re David Larry DAVIS, Debtor. Charles A. GOWER, Trustee, Plaintiff, v. FORD MOTOR CREDIT COMPANY, and Maxwell Ford Tractor, Inc., Defendants.

United States Bankruptcy Court, M.D. Georgia, Thomasville Division.

August 19, 1982.

Attorney(s) appearing for the Case

Charles A. Gower, Trustee, Columbus, Ga., for plaintiff.

Charles T. Staples, Columbus, Ga., for Ford Motor Credit Co. Frank C. Vann, Camilla, Ga., for Maxwell Ford Tractor, Inc.

COMPLAINT OF TRUSTEE TO AVOID PREFERENCE

ALGIE M. MOSELEY, Jr., Bankruptcy Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Herein, the Trustee seeks to avoid a transfer under 11 U.S.C. § 547, Preferences. The stipulated facts show such preference, but Defendants rely upon 11 U.S.C. § 547(c)(1) as a defense. Herein, the Court finds that this defense is not available to the Defendants, and the transfer is avoided.

FINDINGS OF FACT...

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