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IN RE COHEN

BAP No. AZ-98-1567-RMeP. Bankruptcy No. B-97-11212-PHX-RTB. Adversary No. 98-00112.

236 B.R. 1 (1999)

In re Cynthia L. COHEN, Debtor. Modern Financial Plans & Services, Inc., Appellant, v. Robert P. Abele, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 3, 1999.

Attorney(s) appearing for the Case

Stanley M. Hammerman, Hammerman & Hultgren, Phoenix, AZ, for Modern Financial Plans & Services, Inc.

Terry A. Dake, Phoenix, AZ, for Robert P. Abele, Trustee.

Before: RUSSELL, MEYERS, and PERRIS, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge.

A creditor received a cashier's check from a chapter 71 debtor in settlement of various disputes between them. The debtor's wife subsequently filed the within chapter 7 case. The trustee in this case filed a § 548 complaint against the creditor to recover the proceeds of the cashier's check as a fraudulent transfer from the debtor/wife to the creditor...

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