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IN RE JENKINS ENTERPRISES, INC.

Bankruptcy No. 01-74711, Adversary No. 02-7037.

289 B.R. 702 (2003)

In re JENKINS ENTERPRISES, INC., Debtor. Mark T. Dunn, Trustee, Plaintiff, v. First National Bank of Decatur, Defendant.

United States Bankruptcy Court, C.D. Illinois.

March 11, 2003.

Attorney(s) appearing for the Case

Mark T. Dunn, Bloomington, IL, trustee.

U.S. Trustee, Peoria.

Thom Moss, Decatur, IL, for First National Bank of Decatur.

OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether the Chapter 7 Trustee may recover a pre-petition setoff as preferential pursuant to 11 U.S.C. § 553(b). In order to resolve this issue, the Court must apply the "improvement in position test".

The parties have stipulated to the following facts: The Debtor, Jenkins Enterprises, Inc., filed a petition pursuant to Chapter 7 of the Bankruptcy Code on December 5, 2001...

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