IN RE AIR CONDITIONING, INC. OF STUART

Bankruptcy No. 84-01395-BKC-TCB, Adv. No. 85-0965-BKC-TCB-A.

55 B.R. 157 (1985)

In re AIR CONDITIONING, INC. OF STUART, Debtor(s). AMERICAN BANK OF MARTIN COUNTY, Plaintiff, v. LEASING SERVICE CORPORATION, Defendant.

United States Bankruptcy Court, S.D. Florida.

November 12, 1985.


Attorney(s) appearing for the Case

Harvin & Geary and Samuel S. Sorota, N. Miami Beach, Fla., for plaintiff.

Foster & Kelly, Orlando, Fla., for defendant.

Leslie Gern Cloyd, Ackerman, Bakst, Gundlach, Lauer & Zwickel, P.A., W. Palm Beach, Fla., for trustee.


MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

The plaintiff bank has sued a creditor of the debtor asking this court to determine whether it owes $20,000 to the defendant/creditor or to the debtor's chapter 7 trustee. The creditor moved for abstention or dismissal. (C.P. No. 3). The trustee moved to intervene and tendered a complaint seeking recovery of the $20,000 upon the ground that it constituted a voidable preference under 11 U.S.C. §...

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