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IN RE TERRY

Bankruptcy No. 85-137, Adv. No. 85-0067.

56 B.R. 538 (1986)

In re Francis C. TERRY and Cena J. Terry, Debtors. Francis C. TERRY and Cena J. Terry, Plaintiffs, v. WITTEN & CARTER, P.C., Defendant.

United States Bankruptcy Court, D. Vermont.

January 3, 1986.

Attorney(s) appearing for the Case

Richard Smith, Rutland, Vt., for debtors.

Witten & Carter, P.C., Manchester, Vt., pro se.

FINDINGS AND ORDER

FRANCIS G. CONRAD, Bankruptcy Judge.

This adversary proceeding is before the Court on debtor-plaintiffs' complaint to set aside a mortgage deed voluntarily conveyed by debtors to the defendant within 90 days of the filing of debtors' Chapter 7 petition. Debtors assert that the granting of a mortgage deed within 90 days is a preference within the ambit of 11 U.S.C. Section 547 or, in the alternative, an impairment of their homestead exemption...

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