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IN RE KAYLOR EQUIPMENT & RENTAL, INC.

Bankruptcy No. 3-83-00692, Adv. No. 3-85-0714.

56 B.R. 58 (1985)

In re KAYLOR EQUIPMENT & RENTAL, INC. formerly Kaylor Equipment & Supply, Inc., Debtor. Thomas N. PARLON, Trustee, Plaintiff, v. Glen R. CLAIBORNE and Stanley C. Roy, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

December 4, 1985.

Attorney(s) appearing for the Case

Wade M. Boswell, Knoxville, Tenn., for plaintiff.

David L. Buuck, Knoxville, Tenn., for defendants.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The plaintiff trustee seeks to avoid debtor's transfer of $15,000.00 to defendants as an avoidable transfer under 11 U.S.C.A. § 548(a)(2) (West 1979) or, in the alternative, under 11 U.S.C.A. § 544(b) (West 1979).

I

Proof was submitted to the court by stipulation (Exhibit 1), by defendants' request for admissions (Exhibit 2), and by testimony of plaintiff Thomas Parlon, trustee, and...

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