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IN RE ANTWEIL

Bankruptcy No. 11-86-00254 MA, Adv. Nos. 88-0134 M to 88-0136 M.

97 B.R. 63 (1988)

In re Alan J. and Mary Frances ANTWEIL, husband and wife, Hobbs Pipe and Supply, a general partnership, and Morris R. Antweil, Debtors. Elliott JOHNSON, Trustee, Plaintiff, v. James KELLER, Francis Litt, Aaron Wechter, Marion Given, Bernard Fenenbock and the Estate of Sol Litt, IV, Defendants. Elliott JOHNSON, Trustee, Plaintiff, v. James JENNINGS and Sim Christy, formerly d/b/a as Jennings & Christy Law Firm, et al., Defendants. Elliott JOHNSON, Trustee, Plaintiff, v. William BARNHILL, Bravo Energy, Inc., et al., Defendants.

United States Bankruptcy Court, D. New Mexico.

October 24, 1988.

Attorney(s) appearing for the Case

Nancy S. Cusack, Roswell, N.M., for plaintiff.

William J. Arland III, Albuquerque, N.M., for Barnhill.

John M. Caraway, Carlsbad, N.M.

Gail Gottlieb, Albuquerque, N.M., John E. Howland, Tulsa, Okl., for Cash Estate.

Edward D. Myers, Albuquerque, N.M., for Litt Estate.

P. Diane Webb, Albuquerque, N.M., Asst. U.S. Trustee.

ORDER RESULTING FROM DEFENDANTS' MOTION TO DISMISS ACTIONS FILED BY TRUSTEE

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on the defendants' motion to dismiss the preference actions filed by the trustee.

The question before the Court is how to count the 90 day period of Section 547(b)(4)(A).

The debtors filed voluntary petitions on February 18, 1986. The previous day was a federal holiday (President's Day). The checks...

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