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MATTER OF SMITH

Bankruptcy No. 87-11677, Adv. No. 88-1080, Civ. No. F 90-146.

123 B.R. 605 (1991)

In the Matter of Joseph Delynn SMITH d/b/a J.D. Management Services and G.L. Properties, Debtor. R. David BOYER, Trustee, Plaintiff/Appellee v. BAKER & SCHULTZ, INC., Defendant/Appellant.

United States District Court, N.D. Indiana, Fort Wayne Division.

February 5, 1991.

Attorney(s) appearing for the Case

R. David Boyer, Helmke, Beams, Boyer & Wagner, Fort Wayne, Ind., for plaintiff/appellee.

William I. Kohn, Scott M. Keller, Barnes & Thornburg, South Bend, Ind., for defendant/appellant.

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on appeal from the bankruptcy court's order of October 26, 1989, denying the motion for summary judgment filed by Baker & Schultz and granting the motion for summary judgment filed by the Trustee. The summary judgment order instructed the appellant to return $121,345.11 to the Trustee as a preferential transfer pursuant to § 547(b) of the Bankruptcy Code. The issue on appeal is...

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