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IN RE FOX

Bankruptcy No. 8500437.

62 B.R. 432 (1986)

In re John Jude FOX, Debtor. John Jude FOX, Plaintiff, v. VETERANS ADMINISTRATION, Washington, D.C. 20420, and Harry Waters, in his official capacity as Administrator of Veterans Affairs, Veterans Administration, and John Montgomery, in his official capacity as Director of Veterans Administration Regional Office, and William Sharp, in his official capacity as Chief of Support Services, Veterans Administration, Defendants.

United States Bankruptcy Court, D. Rhode Island.

June 18, 1986.

Attorney(s) appearing for the Case

Robyn Y. Davis, Rhode Island Legal Services, Inc., Providence, R.I., for plaintiff-debtor.

Michael P. Iannotti, Asst. U.S. Atty., Providence, R.I., for defendants.

DECISION

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on the plaintiff-debtor's complaint, under 11 U.S.C. §§ 547 and 553, to void a preference and to recover a setoff of funds which occurred when defendants withheld veteran's benefits that became due to the debtor within ninety days of his filing a Chapter 7 petition. The debtor seeks an order compelling defendants to return those funds set off within 90 days of the date of filing herein....

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