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IN RE NEWMAN COMPANIES, INC.

Bankruptcy No. 84-04399, Adv. No. 86-0165.

140 B.R. 495 (1992)

In re NEWMAN COMPANIES, INC. Debtor. Benjamin W. LAIRD, Trustee in Bankruptcy of Newman Companies, Inc., Plaintiff, v. Barbara A. BARTZ, Trustee for Bartz Children, and Thomas C. Bartz, Defendants.

United States Bankruptcy Court, E.D. Wisconsin.

May 20, 1992.

Attorney(s) appearing for the Case

Joseph M. Nicks, Green Bay, Wis., for Trustee.

Jeffrey W. Hanes, Neenah, Wis., for Thomas C. & Barbara Bartz.

DECISION

DALE E. IHLENFELDT, Bankruptcy Judge.

The issue before the court is whether a payment to the trustee of an irrevocable trust is a voidable preference under the Bankruptcy Code, and if so, from whom the preference may be recovered. The plaintiff trustee, Benjamin W. Laird, seeks to recover the sum of $19,643.12 paid by the debtor to the defendant, Barbara A. Bartz, on or about August 8, 1984. To determine this issue, the court looks to Sections 547...

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