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MATTER OF MORTON

Bankruptcy Nos. 83-02219A, 83-02597A, Adv. Nos. 83-1890A, 83-2066A and 83-1799A.

44 B.R. 750 (1984)

In the Matter of Mark MORTON, Mary Morton, Debtors. Richard D. ELLENBERG As Trustee, Plaintiff, v. GENERAL MOTORS ACCEPTANCE CORPORATION, Defendant. In re Michael C. BAKER, Debtor. Michael C. BAKER, Plaintiff, v. GENERAL MOTORS ACCEPTANCE CORPORATION, Defendant. In re Maggie Lee TRIMBLE, Debtor. Maggie Lee TRIMBLE, Plaintiff, v. GMAC, Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

November 14, 1984.

Attorney(s) appearing for the Case

Richard D. Ellenberg, Atlanta, Ga., for plaintiff Ellenberg.

John Mrosek, Atlanta, Ga., for plaintiffs Baker and Trimble.

John McCullough and Michael Paine, Atlanta, Ga., for defendant.

OPINION

WILLIAM L. NORTON, Jr., Bankruptcy Judge.

The same fundamental issue is before the Court in each of the above adversary proceedings: whether wages earned by the debtor within ninety days of the bankruptcy filing can be avoided as a preferential transfer. In each case creditor GMAC contends that the issue is governed by a recent Eleventh Circuit decision, Askin Marine Company v. Conner (In re Conner), 733 F.2d 1560

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