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BANK OF AMERICA, N.A. (USA) v. STINE

No. CIV.JFM-99-3678.

252 B.R. 902 (2000)

BANK OF AMERICA, N.A. (USA), f/k/a NationsBank, N.A. Appellant, v. Kenneth W. STINE, Appellee.

United States District Court, D. Maryland.

September 12, 2000.

Attorney(s) appearing for the Case

Ronald S. Canter, Bethesa, MD, for plaintiff.

Mark Franklin Scurti, Baltimore, MD, for defendant.

OPINION

MOTZ, Chief Judge.

This bankruptcy appeal presents the question of whether a Chapter 7 bankruptcy debtor, exercising the avoidance power conferred upon him by 11 U.S.C. § 522(h), may recover wages garnished by a judgment creditor within the ninety-day preference period. The bankruptcy court, answering this question in the affirmative, held that the debtor, Kenneth W. Stine, was entitled to recover ...

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