HELLER v. MONTGOMERY

No. 81-2830.

699 F.2d 399 (1983)

Edward J. HELLER, Trustee in Bankruptcy of H.D. Montgomery, Jr., and William Montgomery, a partnership, d/b/a Murphysboro Grain Elevator Company, Plaintiff-Appellee, v. John E. MONTGOMERY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 3, 1983.

Rehearing Denied March 7, 1983.


Attorney(s) appearing for the Case

Ronald M. Brown, Brown & Shinitzky, Chicago, Ill., for defendant-appellant.

Gerald S. Reed, Reed, Heller & Mansfield, Murphysboro, Ill., for plaintiff-appellee.

Before CUMMINGS, Chief Judge, and WOOD and ESCHBACH, Circuit Judges.


PER CURIAM.

In this case we are asked to review a decision of a bankruptcy judge holding that, under the provisions of the Bankruptcy Act of 1898, the plaintiff-appellee trustee may avoid a preferential transfer made by the debtor to the defendant-appellant creditor.

The bankruptcy proceeding underlying this case was commenced on January 12, 1979. The trustee's complaint seeking to avoid the transfer was filed in state court on September 21, 1979. That action...

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