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MATTER OF CARLSON

Bankruptcy No. BK93-40067. Adv. No. A93-4105.

177 B.R. 645 (1995)

In the Matter of Dale Roland CARLSON, Debtor. Richard J. BUTLER, Trustee, Plaintiff, v. Myrtle B. GRIMMINGER, individually and as personal representative of Estate of Earl Grimminger, Defendant.

United States Bankruptcy Court, D. Nebraska.

January 11, 1995.

Attorney(s) appearing for the Case

Mark A. Beck, Fitzke & Beck, Hastings, NE, for Richard J. Butler, Trustee, plaintiff.

Ronald S. Depue, Grand Island, NE, for Myrtle B. Grimminger, individually, Mrytle B. Grimminger, personal representative of Earl Grimminger, Deceased, defendant.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

Before the court is the Motion for Summary Judgment by the Trustee (Fil. # 8), the Opposition by Myrtle Grimminger, and the Motion for Summary Judgment by Myrtle Grimminger (Fil. # 9). This case presents the interesting question of whether a creditor receives a voidable preference by obtaining a judgment, within ninety days of bankruptcy, setting aside a fraudulent conveyance by the debtor. I conclude...

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