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IN RE FITZGERALD

Bankruptcy No. 81-1143-JG, Adv. No. A82-0026.

49 B.R. 62 (1985)

In re Thomas J. FITZGERALD, Paulette Brophy Fitzgerald, Debtors. Joseph BRAUNSTEIN, Trustee, Plaintiff, v. EASTERN AIRLINES EMPLOYEES FEDERAL CREDIT UNION, Defendant.

United States Bankruptcy Court, D. Massachusetts.

May 15, 1985.

Attorney(s) appearing for the Case

Charles Bennett, Jr., Riemer & Braunstein, Boston, Mass., for trustee, plaintiff.

Jonathan Levin, Davis, Malm & D'Agostine, Boston, Mass., for defendant.

MEMORANDUM

JAMES N. GABRIEL, Bankruptcy Judge.

The complaint of the Plaintiff, Joseph Braunstein, chapter 7 trustee of the debtor's estate ("the trustee") seeks to avoid an assignment of a note and mortgage granted by the debtor, Thomas J. Fitzgerald ("the debtor" or "Fitzgerald") to Eastern Airlines Employees Federal Credit Union ("the credit union") on April 13, 1981 as a voidable preference under 11 U.S.C. § 547. The defendant filed an Answer and...

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