IN RE VATNSDAL

Bankruptcy No. 90-05913, Adv. No. 91-07050.

139 B.R. 472 (1991)

In re Theo J. VATNSDAL, aka Theo Vatnsdal, dba Valley Refinishing and dba Progressive Coatings, Debtor. Wayne DREWES, as Bankruptcy Trustee for Theo J. Vatnsdal, Plaintiff, v. E. Will VATNSDAL, Defendant.

United States Bankruptcy Court, D. North Dakota.

September 27, 1991.


Attorney(s) appearing for the Case

Wayne Drewes, trustee.

Kip M. Kaler, Fargo, N.D., for plaintiff.

Lawrence Dubois, Cavalier, N.D., for defendant.


MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

This adversary proceeding was commenced by the Trustee on May 28, 1991 seeking to avoid as a preferential transfer a mortgage given to the Defendant, E. Will Vatnsdal (Will) by the Plaintiff/Debtor, Theo J. Vatnsdal (Theo) pursuant to section 547 of the Bankruptcy Code. Trial was held on September 24, 1991. In addition to the evidence produced at trial, the parties stipulated to certain facts as uncontested...

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