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IN RE MILLER

Bankruptcy No. 99-17483-WCH. Adversary No. 00-1018.

251 B.R. 770 (2000)

In re Russell J. MILLER and Maryann Miller, Debtors. Russell J. Miller and Maryann Miller, Plaintiff, v. Brotherhood Credit Union, Defendant.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

August 15, 2000.

Attorney(s) appearing for the Case

Alec G. Sohmer, Brockton, MA, for Brotherhood Credit Union.

Leonard Ullian, Braintree, MA, for debtor.

DECISION REGARDING STANDING OF CHAPTER 13 DEBTOR TO BRING A PREFERENCE ACTION

WILLIAM C. HILLMAN, Chief Judge.

I. Background

Russell and Maryann Miller (collectively, the "Debtors"), filed this adversary proceeding seeking to recover a pre-petition payment (the "Payment") that they made to Brotherhood Credit Union (the "Defendant") as a preference. On April 24, 2000, I held a pre-trial hearing at which I raised the issue of whether the Debtors have...

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