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IN RE FALKENBERG

Bankruptcy No. B91-12865, Adv. No. B91-1296.

136 B.R. 481 (1992)

In re Kenneth R. FALKENBERG, Debtor. Marvin A. SICHERMAN, Trustee, Plaintiff, v. Kenneth R. FALKENBERG, et al., Defendants.

United States Bankruptcy Court, N.D. Ohio, E.D.

January 31, 1992.

Attorney(s) appearing for the Case

Marvin A. Sicherman, Cleveland, Ohio, for plaintiff, Trustee.

Ronald N. Towne, Rachel E. Nader, Guy, Lammert & Towne, Akron, Ohio, for defendant, Bank One, Akron, N.A.

Joseph E. Marosan, Parma Hts., Ohio, Joel L. Levin, Nurenberg, Plevin, Heller & McCarthy, Cleveland, Ohio, for defendant, Kenneth M. Falkenberg.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

I.

In this matter, the Court must determine whether a security interest exists in certain proceeds and whether a transfer of those proceeds constituted an avoidable preference. The parties have filed cross-motions for summary judgment.1 Following a review of the pleadings, affidavits, and arguments of counsel...

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