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IN RE McCOY

Bankruptcy No. B-82-1890-PHX-LO, Adv. No. B-82-1395.

46 B.R. 9 (1984)

In re Ronney Richard and Kathy Kazuko McCOY, Debtors. Warren P. MARSH, Trustee, Plaintiff, v. HELDT LUMBER CO., INC., an Arizona corporation, Defendant.

United States Bankruptcy Court, D. Arizona.

August 27, 1984.

Attorney(s) appearing for the Case

Anthony O. Jones, Phoenix, Ariz., for trustee-plaintiff.

Duane W. Bolze, Phoenix, Ariz., for defendant.

MEMORANDUM OPINION AND JUDGMENT

LAWRENCE OLLASON, Bankruptcy Judge.

The above-entitled matter came on for hearing before The Honorable Lawrence Ollason, Bankruptcy Judge, on the complaint of Wayne P. Marsh as trustee for the above-named estate.

The trustee moved for summary judgment claiming that a writ of garnishment obtained prior to ninety (90) days before the filing of bankruptcy amounts to a preferential transfer when the garnishment judgment...

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