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IN RE KAYAJANIAN

Bankruptcy No. 82-01898-BKC-TCB, Adv. No. 82-1237-BKC-TCB-A.

27 B.R. 711 (1983)

In re Craig M. KAYAJANIAN, Debtor. Daniel L. BAKST, Trustee, Plaintiff, v. ATLANTIC NATIONAL BANK, Defendant.

United States Bankruptcy Court, S.D. Florida.

February 4, 1983.

Attorney(s) appearing for the Case

Margaret Cangilos, Miami, Fla., for trustee.

Walter Wolf Kaplan, Fort Lauderdale, Fla., for debtor.

Mark D. Greenberg, Miami, Fla., for defendant.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The trustee seeks avoidance of an alleged preference under 11 U.S.C. § 547(b). (C.P. No. 1). The defendant has answered. (C.P. No. 5). The matter was tried on February 1.

The parties have stipulated that the elements of an avoidable preference are present in this instance except the requirement of § 547(b)(5), which requires proof that the transfer was one:

". . . that enables...

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