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IN RE DUNCAN

Bankruptcy No. 03-75717. Adversary No. 04-7037.

312 B.R. 184 (2004)

In re Talena Laverne DUNCAN, Debtor. Jeffrey D. Richardson, Trustee, Plaintiff, v. Fleet Credit Card Services, L.P., Defendant.

United States Bankruptcy Court, CD. Illinois.

June 30, 2004.

Attorney(s) appearing for the Case

Jeffrey D. Richardson, Decatur, IL, for Trustee/Plaintiff.

Bruce de'Medici, Oak Park, IL, for Fleet Credit Card Services, L.P.

OPINION

LARRY LESSEN, Bankruptcy Judge.

The issue before the Court is whether the Debtor's use of her credit card following a preferential payment to the credit card company falls within the new value exception of 11 U.S.C. § 547(c)(4).

The material facts are not in dispute. The Debtor, Talena Duncan, had a credit card with the Defendant, Fleet Credit Card Services, L.P. On October 5, 2003, the Debtor made a $2,000 payment to Fleet. The Debtor...

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