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IN RE COCOLAT, INC.

Bankruptcy No. 94-42440 T. Adv. No. 94-4145 AT.

176 B.R. 540 (1995)

In re COCOLAT, INC., etc., Debtor. COCOLAT, INC., Plaintiff, v. FISHER DEVELOPMENT, INC., etc., Defendant.

United States Bankruptcy Court, N.D. California.

January 11, 1995.

Attorney(s) appearing for the Case

Brett B. Curlee, Hill, Farrer & Burrill, Los Angeles, CA, for plaintiff.

Stewart Stone, Jr., Steinhart & Falconer, San Francisco, CA, for defendant.

MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Plaintiff Cocolat, Inc. ("Cocolat") seeks to avoid as a preference a $10,000 payment (the "$10,000 Payment") made to defendant Fisher Development, Inc. ("Fisher") before the commencement of the above-captioned bankruptcy case. Fisher denies that the transfer was preferential. Fisher also claims defenses pursuant to 11 U.S.C. §§ 547(c)(1), (2), and (6). The Court concludes that the transfer...

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