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IN RE RUEL

Bankruptcy No. 08-18401-FJB. Adversary No. 09-1398.

457 B.R. 164 (2011)

In re Lana M. RUEL, Debtor. Warren E. Agin, Chapter 7 Trustee, Plaintiff v. Barbara Ann Chambers, Arthur Turner III, and Cheryl L. Smith, as Trustees of the Turner Family Irrevocable Trust, and Barbara Ann Chambers, Arthur Turner III, Cheryl L. Smith, and Eric Turner, individually and as beneficiaries of the Turner Family Irrevocable Trust, Defendants.

United States Bankruptcy Court, D. Massachusetts.

October 12, 2011.

Attorney(s) appearing for the Case

Arvid von Taube, Swiggart & Agin, LLC, Boston, MA, for Plaintiff.

Ronald N. Whitney, Whitney Law Office, Whitman, MA, Timothy M. Mauser, Law Office of Timothy Mauser, Esq., Boston, MA, for Defendants.

MEMORANDUM OF DECISION

FRANK J. BAILEY, Bankruptcy Judge.

By his complaint in the adversary proceeding, the chapter 7 trustee, Warren Agin ("Agin"), seeks to avoid under 11 U.S.C. § 547(b) and preserve for the estate the transfer by the debtor, Lana Ruel (the "Debtor"), to the Turner Family Irrevocable Trust (the "Trust") of a mortgage on her home to secure payment of a promissory note in the amount of $67,000. The defendants, all of whom are...

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