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DENABURG v. POST WELDING SUPPLY CO., INC.

Civ. A. No. 79-X-1440-S.

7 B.R. 274 (1980)

Charles L. DENABURG, as Trustee of the Bankrupt Estate of K.B. Southern, Inc., Plaintiff, v. POST WELDING SUPPLY COMPANY, INC., a corporation, Defendant.

United States District Court, N.D. Alabama, S.D.

September 11, 1980.

Attorney(s) appearing for the Case

Charles L. Denaburg, Denaburg, Schoel, Meyerson & Ogle, Birmingham, Ala., for plaintiff.

Robert L. Austin, Birmingham, Ala., for defendant.

MEMORANDUM OPINION

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GROOMS, District Judge.

This is an action to set aside an alleged voidable preference under Section 60 of the Bankruptcy Act, 11 U.S.C.A. § 96.

The burden rests upon the Trustee to allege and prove that the preference was voidable. Mizell v. Phillips, 240 F.2d 738 (5th Cir. 1957). If the recipient of the funds in payment of an antecedent...

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