IN RE M.D.F., INC.

Bankruptcy No. 83-01993-BKC-TCB, Adv. Nos. 84-0096-BKC-TCB-A, 84-0097-BKC-TCB-A.

39 B.R. 16 (1984)

In re M.D.F., INC., a/k/a Charles McArthur Dairies, Inc., Debtor. M.D.F., INC., et al., Plaintiff, v. TRAVELERS INSURANCE COMPANY, a Connecticut corporation, Cargill, Inc., and Independent Dairy Farmers Association, Inc., Defendants. M.D.F., INC., et al., Plaintiff, v. INDEPENDENT DAIRY FARMERS ASSOCIATION, INC., Attaway Lumber Company, Glades Gas Co., Gilbert Oil Co., and Moseley Collins, P.E., Defendants.

United States Bankruptcy Court, S.D. Florida.

March 30, 1984.


Attorney(s) appearing for the Case

Robert C. Furr, Boca Raton, Fla., for debtor/plaintiff.

Mark D. Cohen, North Miami, Fla., for Cargill and Travelers.

Chester J. Sasadu, Jr., Fort Lauderdale, Fla., for IDFA.

John T. Chandler, Fort Pierce, Fla., for Attaway, Glades Gas Co., Gilbert Oil Co., and Moseley Collins, P.E.


MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

In these two adversary proceedings, the debtor seeks avoidance under 11 U.S.C. § 547(b) of seven "transfers" by garnishment. The defendants have answered and the two cases were tried together on March 20.

Unlike the former Act, the present Code does not expressly authorize the avoidance of liens which attach during the preference period. However, the omission was not intended to exclude...

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