IN RE BENNETT

Bankruptcy No. 83 B 09859.

35 B.R. 357 (1984)

In re Clarence and Yvonne BENNETT, Debtors.

United States Bankruptcy Court, N.D. Illinois, E.D.

January 4, 1984.


Attorney(s) appearing for the Case

Robert Hughes, Chicago, Ill., for GMAC.

Clarence King, Chicago, Ill., for debtors.


MEMORANDUM OPINION AND ORDER

FREDERICK J. HERTZ, Bankruptcy Judge.

I

This proceeding was commenced by the debtors to recover garnished bank account funds from a creditor. The issue which must be determined by this Court is whether the transfer of funds to the creditor constitutes a voidable preference under 11 U.S.C. § 547(b) (Supp. V 1981) of the Bankruptcy Code.

II

The creditor, General Motor Acceptance Corporation (GMAC...

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