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IN RE CARPENTER

Bankruptcy No. 06-40352-JDP, Adversary No. 07-8034.

378 B.R. 274 (2007)

In re Tracy CARPENTER and Diana Castillo Carpenter, Debtors. R. Sam Hopkins, Trustee, Plaintiff, v. Jana Lang, Defendant.

United States Bankruptcy Court, D. Idaho.

October 9, 2007.

Attorney(s) appearing for the Case

Jim Spinner, Service Spinner & Gray, Pocatello, ID, for Plaintiff R. Sam Hopkins, Trustee.

Craig W. Christensen, Pocatello, ID, for Defendant.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

In this action, the Court examines whether the retention of a security interest by the seller of a pickup truck to the debtor shortly before bankruptcy may be avoided by a trustee as a preference under § 5471 of the Bankruptcy Code. The Court concludes that the transfer was indeed a preference, and that the exception to avoidance relied upon by the seller is inapplicable...

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