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IN RE PETTY

BAP No. OR 88-1205-AsMoJ, Bankruptcy No. 385-04413-P7, Adv. No. 87-0206.

93 B.R. 208 (1988)

In re Harvey Dale PETTY, Jr., Norma Elsie Petty, Debtors. George N. GROSS, Appellant, v. Harvey Dale PETTY, Jr., Norma Elsie Petty, Harvey Dale Petty, Sr., and Betty Petty, Appellees.

United States Bankruptcy Appellate Panel, Ninth Circuit.

Decided November 18, 1988.

Attorney(s) appearing for the Case

Jossi Davidson, Gracey & Davidson, Silverton, Or., for appellant.

James C. Lancaster, Lindsay, Hart, Neil & Weigle, Portland, Or., for appellees.

Before ASHLAND, MOOREMAN and JONES, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

Harvey Petty, Sr. and Betty Petty appeal the bankruptcy court's grant of summary judgment allowing the trustee to recover property transferred from the debtor to the Pettys as a preference under 11 U.S.C. § 547.

FACTS

In 1976 the debtor Harvey Petty, Jr. entered into a land sale contract to purchase an undeveloped five acre parcel in Marion County, Oregon for $15,000. On March 31, 1982 the debtor...

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