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IN RE WARD

Bankruptcy No. 582-00038, Adv. No. 582-0078.

36 B.R. 794 (1984)

In re Carlos Tanoa WARD and Ladene Jayne Ward, Debtors. Carlos Tanoa WARD, Ladene Jayne Ward and Dennis W. Finch, Trustee in Bankruptcy, Plaintiffs, v. BUILDING MATERIAL DISTRIBUTORS, a DIVISION OF MADERA PACIFIC, INC., Defendant.

United States Bankruptcy Court, D. South Dakota.

January 30, 1984.

Attorney(s) appearing for the Case

John M. Fousek, Rapid City, S.D., for Ward.

Dennis W. Finch, Finch & Viken, Rapid City, S.D., trustee pro se.

Donald A. Porter, Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, S.D., for defendant, Bldg. Material Distributors.

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

In the case at bar, the debtors as plaintiffs seek to avoid two mortgages given the defendant, Building Material Distributors, based on the alternative assertions that the mortgages are transfers avoidable as preferential transfers under 11 U.S.C. § 547(b) or that the mortgages are transfers avoidable as fraudulent transfers under 11 U.S.C. § 548. The trustee joined in the debtors' action against...

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