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IN RE EBENGER

Bankruptcy No. 84-00139-BKC-TCB, Adv. No. 84-0537-BKC-TCB-A.

44 B.R. 770 (1984)

In re Francis J. EBENGER, Debtor(s). William ROEMELMEYER, Trustee, Plaintiff, v. Francis J. EBENGER, Pauline Ebenger, and Bankers Life Co., Defendants.

United States Bankruptcy Court, S.D. Florida.

November 19, 1984.

Attorney(s) appearing for the Case

Steven H. Friedman, Miami, Fla., for plaintiff.

William Manker, Miami, Fla., for defendant.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The trustee seeks avoidance of a transfer of $69,762 alleged to be fraudulent under 11 U.S.C. § 544(b) and prays for recovery of the proceeds from the debtor's bank account. The non-debtor/wife is joined as a defendant solely with respect to any interest she may assert to the account in question. She has asserted none. The debtor has moved for dismissal and has answered. The matter was tried on...

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