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IN RE LUND

Bankruptcy No. 02-11106, Adversary No. 03-1034.

330 B.R. 96 (2004)

In re Robert M. LUND, Debtor. Robert M. Lund, Plaintiff and Counter Defendant, v. Bonnie M. Benoit, Defendant and Counter Claimant.

United States Bankruptcy Court, D. Vermont.

May 6, 2004.

Attorney(s) appearing for the Case

Gleb Glinka, Esq., Glinka & Schwidde, Cabot, VT, for Debtor-Plaintiff.

Mark R. Moore, Esq., Law Offices of Deborah T. Bucknam, St. Johnsbury, VT, for Defendant.

MEMORANDUM OF DECISION GRANTING PLAINTIFF'S MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION TO TAKE JUDICIAL NOTICE

COLLEEN A. BROWN, Bankruptcy Judge.

The Plaintiff-Debtor, Robert M. Lund, moved for summary judgment that the Defendant's ex parte prejudgment writ of attachment against his Concord, Vermont homestead is avoidable as a preferential transfer pursuant to 11 U.S.C. § 547(b) or, alternatively, because...

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