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IN RE ALARCON

Bankruptcy No. 7-94-13114 MR. Adv. No. 95-1026M.

186 B.R. 135 (1995)

In re Jesus ALARCON, Debtor. Jesus ALARCON, Plaintiff, v. COMMERCIAL CREDIT CORPORATION f/d/b/a Barclays American Financial, Inc., Defendant.

United States Bankruptcy Court, D. New Mexico.

August 21, 1995.

Attorney(s) appearing for the Case

Dorsett C. Bennett II, Roswell, NM, for plaintiff.

Steven R. Quintana, Albuquerque, NM, for defendant.

James E. Burke, Trustee, Albuquerque, NM.

MEMORANDUM

MARK B. McFEELEY, Bankruptcy Judge.

This matter is before the Court upon cross-motions for summary judgment. The debtor, exercising the avoidance powers of a trustee, § 522(h), filed a complaint pursuant to 11 U.S.C. § 547(b) to set aside as a preference payments made to the defendant, Commercial Credit Corporation ("Commercial") resulting from a garnishment in the New Mexico state district...

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