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IN RE DEAN

Bankruptcy No. 385-00953, Adv. No. 87-7176.

80 B.R. 932 (1987)

In re Keith DEAN, individually and d/b/a Keith Dean Contracting and BEVCO, limited partnerships, and Beverly A. Dean, Debtors. Jeffrey C. TAYLOR, as Trustee in Bankruptcy, Plaintiff, v. MILLIKIN NATIONAL BANK, a Banking Institution, Defendant.

United States Bankruptcy Court, C.D. Illinois.

December 14, 1987.

Attorney(s) appearing for the Case

Jeffrey C. Taylor, Decatur, Ill., trustee.

Jeff Justice, Decatur, Ill., for defendant.

OPINION

LARRY L. LESSEN, Chief Judge.

The issue before the Court is whether a post-petition payment to the Millikin National Bank which was made pursuant to a Citation to Discover Assets and a turnover order entered more than ninety days before the filing of the bankruptcy petition constitutes a preference under 11 U.S.C. Sec. 547(b).

The material facts are not in dispute. On May 24, 1984, a judgment was entered in the Macon County Circuit Court...

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