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MATTER OF E.P. HAYES, INC.

Bankruptcy No. 2-82-00711, Adv. No. 2-82-0605.

29 B.R. 907 (1983)

In the Matter of E.P. HAYES, INC., Debtor. Bruce BECK, Trustee, Plaintiff, v. INTERNATIONAL HARVESTER CREDIT CORPORATION, Defendant.

United States Bankruptcy Court, D. Connecticut.

May 11, 1983.

Attorney(s) appearing for the Case

Martin W. Hoffman, Hartford, Conn., for trustee-plaintiff.

Robert A. Greenspon, Stamford, Conn., and Stephen E. Goldman, Hartford, Conn., for defendant.

MEMORANDUM OF DECISION

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I.

The question here, the facts being undisputed, is whether payments to a creditor pursuant to an assignment of payments executed by the debtor prior to the preference period but received by the creditor when the debtor was insolvent and within the preference period are avoidable under 11 U.S.C. § 547.1

II.

The debtor, E.P. Hayes...

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