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IN RE FUTORAN

No. 94-56158.

76 F.3d 265 (1996)

In re Robert J. FUTORAN, Debtor. Robert J. FUTORAN, Appellant, v. Max H. RUSH, Trustee in Bankruptcy, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1996.

Attorney(s) appearing for the Case

William Steckbauer, Fierstein & Sturman, Los Angeles, California, for appellant.

Marilyn Scheer, Sulmeyer, Kupetz, Baumann & Rothman, Los Angeles, California, for appellee.

Before: FARRIS and RYMER, Circuit Judges, and SINGLETON, District Judge.

FARRIS, Circuit Judge:

The issue in this case is whether a $290,000 payment to Dayle Futoran by her ex-husband Robert Futoran in exchange for the cancellation of their marital termination agreement was a preference recoverable by Max Rush, the Chapter 7 trustee of Robert's estate.

BACKGROUND

The Futorans entered into a marital termination agreement that became effective on January 1, 1987. The husband agreed to pay the wife $6,000 per month...

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