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IN RE KELTON MOTORS, INC.

Bankruptcy No. 89-00255, Adv. No. 90-00024A.

153 B.R. 417 (1993)

In re KELTON MOTORS, INC., Debtor. Gleb GLINKA, Trustee for the Estate of Kelton Motors, Inc., Plaintiff, v. BANK OF VERMONT, Defendant.

United States Bankruptcy Court, D. Vermont.

March 31, 1993.

Attorney(s) appearing for the Case

Gleb Glinka, Law Offices of Gleb Glinka, Cabot, VT, for Gleb Glinka as Trustee for the Estate of Kelton Motors, Inc.

D. Weiss, Saxer, Anderson, Wolinsky & Sunshine, Burlington, VT, for Bank of Vermont.

MEMORANDUM OF DECISION ON RENEWED MOTION FOR SUMMARY JUDGMENT

FRANCIS G. CONRAD, Bankruptcy Judge.

Bank of Vermont's Renewed Motion for Summary Judgment1 presents two issues of first impression in this jurisdiction, namely, whether the judicially created "earmarking doctrine" has survived recodification in the Bankruptcy Code and whether the earmarking doctrine is a defense to a preference action commenced under 11 U.S.C. §...

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