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MATTER OF DRAKE

Bankruptcy No. 81-00709, Adv. No. 82-0569.

28 B.R. 582 (1983)

In the Matter of David Stewart DRAKE, Patricia Mary Drake, Debtors. R. Arthur LUDWIG, Trustee in Bankruptcy of David Stewart Drake and Patricia Mary Drake, Debtors, Plaintiff, v. Ronald L. PARADEIS, Ann E. Paradeis, David Stewart Drake, and Patricia Mary Drake, Defendants.

United States Bankruptcy Court, E.D. Wisconsin.

March 31, 1983.

Attorney(s) appearing for the Case

R. Arthur Ludwig, Milwaukee, Wis., for plaintiff.

Edwin J. Bach, Port Washington, Wis., for debtors.

OPINION AND ORDER

JAMES E. SHAPIRO, Bankruptcy Judge.

The issue before this Court, raised on the trustee's motion for judgment on the pleadings, is whether or not the debtors are entitled to exempt property which the trustee has avoided as a preference.

The salient facts are as follows: David and Patricia Drake ("Debtors") are the owners of a homestead located at 420 South Garfield Street, Port Washington, Wisconsin. Debtors filed a voluntary petition...

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