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IN RE IRFM, INC.

Bankruptcy No. SA 88-04423 JR, Adv. No. SA 91-3920 JR.

144 B.R. 886 (1992)

In re IRFM, INC., a California corporation, formerly dba Irvine Ranch Farmers Market, Debtor. Robert P. MOSIER, Chapter 7 Trustee, Plaintiff, v. EVER-FRESH FOODS COMPANY, Defendant.

United States Bankruptcy Court, C.D. California.

September 4, 1992.

Attorney(s) appearing for the Case

Michael G. Spector, Fabozzi, Prenovost & Normandin, Santa Ana, Cal., for plaintiff.

Gerald Lee Bolinger, Santa Ana, Cal., for defendant.

MEMORANDUM OPINION

JOHN E. RYAN, Bankruptcy Judge.

Chapter 7 Trustee ("Trustee") filed a complaint to recover payments made to Ever-Fresh Foods Company ("Creditor") by IRFM, Inc. ("Debtor"). Trustee alleges nearly half the payments are avoidable under Bankruptcy Code ("Code") § 547(b). Creditor alleges all of the payments qualify for a new value defense under Code § 547(c)(4). Trustee argues that § 547(c)(4)(B) requires new value to remain...

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