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IN RE HOLDWAY

Bankruptcy No. 3-87-00821, Adv. No. 3-87-0134.

83 B.R. 510 (1988)

In re Robert Dwight HOLDWAY, Mary Frances Holdway, Debtors. Robert Dwight HOLDWAY, Mary Frances Holdway, Plaintiffs, v. Thomas E. DUVOISIN, Liquidating Trustee for Southern Industrial Banking Corporation, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

March 3, 1988.

Attorney(s) appearing for the Case

L. Kirk Wyss, Morristown, Tenn., for plaintiffs.

Testerman & Norwood, Mary M. Testerman, Linda Jones Norwood, Knoxville, Tenn., for defendant.

MEMORANDUM ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

RICHARD S. STAIR, Jr., Bankruptcy Judge.

The debtors seek to recover from defendant, a judgment creditor, the sum of $687.74 as a voidable preference under § 547(b) of title 11. Their right to recovery is premised on 11 U.S.C.A. § 522(h) (West Supp.1987).1 Plaintiffs and defendant have filed cross-motions for summary judgment.2

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