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MATTER OF SMITH

No. 91-1519.

966 F.2d 1527 (1992)

In the Matter of Joseph D. SMITH, doing business as J.D. Management Services and G.L. Properties, Debtor. Appeal of David R. BOYER, Trustee.

United States Court of Appeals, Seventh Circuit.

Decided July 13, 1992.

Attorney(s) appearing for the Case

Douglas Reed Adelsperger, argued, Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, Ind., for David R. Boyer.

William I. Kohn, argued, Seth D. Linfield, Scott M. Keller, Barnes & Thornburg, South Bend, Ind., for Baker & Schultz, Inc., Joseph D. Smith and G.L. Properties.

Before CUDAHY and FLAUM, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

CUDAHY, Circuit Judge.

In this bankruptcy case we must decide whether a debtor's payment to a creditor within the 90-day pre-petition period is avoidable as a preferential transfer when the payment was achieved by means of provisional credit supported only by the debtor's deposit of a bad check. Through what appears to be a simple check-kiting scheme, the debtor managed to pay off a single creditor well within the 90-day preference period. Because the debtor had deposited...

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