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IN RE HILLS OIL & TRANSFER, INC.

Bankruptcy No. 91-82747, Adv. No. 92-8034.

143 B.R. 207 (1992)

In re HILLS OIL & TRANSFER, INC., an Illinois corporation, Debtor. HILLS OIL & TRANSFER, INC., Plaintiff, v. The HAVANA NATIONAL BANK, Defendant.

United States Bankruptcy Court, C.D. Illinois.

July 16, 1992.

Attorney(s) appearing for the Case

Barry M. Barash, Galesburg, Ill., for debtor/plaintiff.

Gregg N. Grimsley, Peoria, Ill., for defendant.

OPINION

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

In this case the parties agree there are no factual issues and have filed cross motions for summary judgment. The Debtor maintained a checking account with the Defendant. On August 1, 1991, the balance of the account was a positive $5,652.91. At that point the Debtor began to overdraw the account. As deposits were made the proceeds were used first to satisfy current checks drawn against the account

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