MATTER OF TRESSLER

No. 85-3037.

771 F.2d 791 (1985)

In the Matter of Thomas A. TRESSLER and Judy A. Tressler, Debtors. UNION BANK & TRUST CO., ERIE, Plaintiff, v. R. Perrin BAKER, Esq., Trustee and Thomas A. Tressler and Judy A. Tressler, Defendants. Appeal of R. Perrin BAKER, Trustee defendant, above named and counter claimant, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 4, 1985.


Attorney(s) appearing for the Case

R. Perrin Baker (argued), McClure, Dart, Miller, Kelleher & White, Erie, Pa., for appellant.

James J. Stuczynski (argued), Ely & Bernard, Erie, Pa., for Union Bank & Trust Co., Erie.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

R. Perrin Baker, a Chapter 13 trustee, appeals from a final order of the district court granting the appellee, Union Bank and Trust Company, relief from the automatic stay provision of the Bankruptcy Code 11 U.S.C. § 362 (1982), and dismissing his counterclaim in which he had sought to avoid the appellee's lien as a preference. Because the district court and the bankruptcy court incorrectly concluded that...

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