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IN RE HEBERT

Bankruptcy No. 93-40891-JFQ. Adv. No. 93-4156.

162 B.R. 637 (1994)

In re David A. HEBERT and Dianne M. Hebert, Debtors. David A. HEBERT and Dianne M. Hebert, Plaintiffs, v. S.S. HARTWELL & CO., INC., Defendant.

United States Bankruptcy Court, D. Massachusetts.

January 20, 1994.

Attorney(s) appearing for the Case

William E. Martin, Martin Law Offices, Pittsfield, MA, for David and Dianne Hebert.

James A. Brett, Reed, O'Reilly & Brett, Boston, MA, for S & S Hartwell & Co., Inc.

OPINION

JAMES F. QUEENAN, Jr., Chief Judge.

Before the court is the motion for summary judgment filed by the debtors, David A. Hebert and Dianne M. Hebert (the "Debtors"). The Debtors' complaint seeks to avoid the $28,000 attachment made on the Debtors' home by S.S. Hartwell & Co., Inc. ("Hartwell"). The complaint seeks to avoid the attachment as a preference based upon the Debtors' preference avoidance...

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