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IN RE GILBERTSON

Bankruptcy No. 85-05622, Adv. No. 87-7129.

90 B.R. 1006 (1988)

In re Bryan J. GILBERTSON, Debtor. Phillip D. ARMSTRONG, Trustee of the Estate of Bryan J. Gilbertson, Plaintiff, v. JOHN DEERE COMPANY, Minneapolis, Minnesota, Defendant.

United States Bankruptcy Court, D. North Dakota.

July 25, 1988.

Attorney(s) appearing for the Case

Phillip Armstrong, Minot, N.D., for plaintiff.

Jack McDonald, Jr., Bismarck, N.D., for defendant.

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

By complaint filed November 23, 1987, the Chapter 7 trustee for the Debtor, Estate of Bryan J. Gilbertson (Debtor), seeks to avoid a cash transfer of $12,450.00 to defendant, John Deere Company (John Deere), alleging the same to constitute a preferential payment under section 547(b) of the Bankruptcy Code. John Deere denies that under the facts a preference occurred and additionally takes the position...

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