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IN RE HERMAN'S TOPS 'N BOTTOMS, INC.

Bankruptcy No. 87-01591-BKC-TCB, Adv. No. 88-0249-BKC-TCB-A.

88 B.R. 442 (1988)

In re: HERMAN'S TOPS 'N BOTTOMS, INC. Debtor. Douglass E. WENDEL, Trustee, Plaintiff, v. James L. GARBOSE, Defendant.

United States Bankruptcy Court, S.D. Florida.

July 19, 1988.

Attorney(s) appearing for the Case

Jeffrey B. Lathe, Ackerman, Bakst, et al., P.A., W. Palm Beach, Fla., for plaintiff.

Robert C. Furr, Furr and Cohen, P.A., Boca Raton, Fla., for defendant.

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The trustee seeks avoidance and recovery, as preferential transfers under 11 U.S.C. § 547(b), of two payments totalling $11,000 made to the defendant attorney within 90 days before bankruptcy. Defendant has answered and the matter was tried June 28. I agree with the plaintiff that both payments are voidable and recoverable from the defendant.

The facts are not in dispute. An involuntary petition...

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