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IN RE OLYMPIC FOUNDRY CO.

Bankruptcy No. 83-03853, Adv. No. A84-0540.

51 B.R. 428 (1985)

In re OLYMPIC FOUNDRY COMPANY, a Washington corporation, Debtor. Donald L. GINSBERG, Trustee, Plaintiff, v. ELKEM METALS CO., Defendant.

United States Bankruptcy Court, W.D. Washington.

July 25, 1985.

Attorney(s) appearing for the Case

Richard R. Beresford, Seattle, Wash., for trustee.

Larry B. Feinstein, Seattle, Wash., for defendant.

MEMORANDUM DECISION

SIDNEY C. VOLINN, Bankruptcy Judge.

The trustee has sued to recover preferential payments under 11 U.S.C. § 547. In order for the trustee to prevail he has the burden of proving the elements set forth in § 547(b). If these are established there are, nevertheless, various defenses, set forth in § 547(c), by which the creditor may avoid liability.

The trustee has met his burden of proof as to the five elements of...

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