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IN RE CHASE & SANBORN CORP.

Bankruptcy No. 83-00889-BKC-TCB, Adv. No. 85-1130-BKC-TCB-A.

55 B.R. 538 (1985)

In re CHASE & SANBORN CORP. f/k/a General Coffee Corp., Debtor(s). Paul C. NORDBERG, as Creditor Trustee, Plaintiff, v. REPUBLIC NATIONAL BANK OF MIAMI, Defendant.

United States Bankruptcy Court, S.D. Florida.

November 22, 1985.

Attorney(s) appearing for the Case

Gary R. Jones, Miami, Fla., for plaintiff.

David S. Garbett, Paul, Landy, Beiley, Harper & Metsch, P.A., Miami, Fla., for defendant Republic.

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

Plaintiff seeks the recovery of $513,369 transferred by the debtor to defendant by check on December 14, 1982, five months before bankruptcy. Defendant has answered and the matter was tried on November 14.

There are three counts. The first two allege that the transfer was fraudulent under 11 U.S.C. § 548(a)(2), constructive fraud, and under § 548(a)(1), actual fraud.

The third...

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