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IN RE GOLDBERG

Bankruptcy No. 94-10885. Adversary No. 95-1020.

277 B.R. 251 (2002)

In re Lawrence D. GOLDBERG, Debtor. Dwayne M. Murray, Trustee, Plaintiff, v. Mae M. Stacy Trust and F. Eugene Richardson, Defendants.

United States Bankruptcy Court, M.D. Louisiana.

May 1, 2002.

Attorney(s) appearing for the Case

Dale R. Baringer, Baton Rouge, LA, for plaintiff.

Laura C. Poche, John Housan Fenner, III, Baton Rouge, LA, for F. Eugene Richardson.

David S. Rubin, for Boatmen's Trust Company.

RULING

LOUIS M. PHILLIPS, Bankruptcy Judge.

Background

This adversary proceeding, brought by the Chapter 7 trustee of the Lawrence D. Goldberg (Goldberg) bankruptcy estate, seeks avoidance of a prepetition purchase of a house from the Mae M. Stacy Trust (the Stacy Trust), pursuant to 11 U.S.C. § 548 and § 544(b), and recovery, under 11 U.S.C. § 550, of a $45,000 non-refundable deposit or down payment. The Goldberg trustee alleges...

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