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IN RE CURREY

Bankruptcy No. 91-02735, Adv. No. 92-6039.

144 B.R. 490 (1992)

In re Fred CURREY d/b/a Owyhee Cattle Co. and L. Annette Currey, Debtors. C. Barry ZIMMERMAN, Trustee, Plaintiff, v. ITANO FARMS, INC., Does I through V, inclusive, and Ronald D. Schoen, Chapter 12 Trustee, Defendants.

United States Bankruptcy Court, D. Idaho.

August 31, 1992.

Attorney(s) appearing for the Case

Barry A. Peters, Boise, Idaho, for plaintiff.

Richard B. Eismann, Nampa, Idaho, for defendants.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

This is a preference action. The relevant facts have been stipulated by the parties.

In April, 1991, Debtor Fred Currey was convicted of passing bad checks to Defendant Itano Farms, Inc. arising out of a purchase by Debtor of cattle from the Defendant. The state criminal court placed Debtor on probation and ordered that he pay Defendant restitution in the amount of $50,250, the face amount of...

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