MATTER OF IMI, INC.

Bankruptcy No. 81-00171, Adv. No. 81-0442.

24 B.R. 442 (1982)

In the Matter of IMI, INC., Debtor. John F. WALDSCHMIDT, Trustee, Plaintiff, v. George P. GILLY, Defendant.

United States Bankruptcy Court, E.D. Wisconsin.

November 5, 1982.


Attorney(s) appearing for the Case

John F. Waldschmidt, DeStefanis & Waldschmidt, Milwaukee, Wis., for trustee.

Keith R. Varner, Milwaukee, Wis., for defendant.


MEMORANDUM DECISION

C.N. CLEVERT, Bankruptcy Judge.

In the case at bar, the court was required to determine the applicability of the common law rule enunciated in Hinz v. VanDusen, 95 Wis. 503, 70 N.W. 657 (1897). The essential facts showed that just prior to bankruptcy, IMI, Inc., the debtor, repaid an $11,250 loan to Melva Lorenz, one of its officers and directors, and that the payments constituted a voidable...

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