IN RE HURT

Bankruptcy No. 95-82928, Adv. No. 96-8064.

202 B.R. 611 (1996)

In re Patricia L. HURT, Debtor. Gary T. RAFOOL, Trustee, Plaintiff, v. CITIZENS EQUITY FEDERAL CREDIT UNION, Defendant.

United States Bankruptcy Court, C.D.Illinois.

November 19, 1996.


Attorney(s) appearing for the Case

Sumner A. Bourne, Rafool & Bourne, Peoria, IL, for Plaintiff.

Thomas L. Perkins, Quinn, Johnston, Henderson & Pretorius, Peoria, IL, for Defendant.


OPINION

WILLIAM V. ALTENBERGER, Chief Judge.

In this adversary proceeding the Debtor's Trustee in Bankruptcy (TRUSTEE) brought a preference action against the Defendant (DEFENDANT), which defended on the theory of the "Earmarking" Doctrine. The facts were stipulated to as follows.

In September of 1995 the Debtor held a credit card issued by the DEFENDANT which had an outstanding balance of $4,022.95. The Debtor was solicited by the First Union National...

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