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IN RE EARTH SERVICES, INC.

Bankruptcy No. 81-00162, Adv. No. 82-0106.

25 B.R. 399 (1982)

In re EARTH SERVICES, INC., Debtor. EARTH SERVICES, INC., Plaintiff, v. David P. deRHAM, Defendant.

United States Bankruptcy Court, D. Vermont.

October 29, 1982.

Attorney(s) appearing for the Case

Alan R. Medor, and Alan P. Biederman, Rutland, Vt., for plaintiff.

Charles C. Chamberlain, Rochester, N.Y., for defendant.

MEMORANDUM

CHARLES J. MARRO, Bankruptcy Judge.

The Complaint of the Debtor to avoid a preferential transfer came on for hearing, after the issuance of a Summons and Notice of Trial and the filing of an Answer by the Defendant.

The Plaintiff as a debtor-in-possession filed a Petition for Relief under Chapter 11 of the Bankruptcy Code on August 6, 1981 and within 90 days prior thereto, to-wit, on June 22, 1981 the Defendant obtained a lien on the real...

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