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MATTER OF AUSTIN GROUP, INC.

Bankruptcy No. A86-04875, Adv. No. 87-0140A.

80 B.R. 255 (1987)

In the Matter of The AUSTIN GROUP, INC., Debtor. Jay E. LOEB, Trustee for the Estate of the Austin Group, Inc., Plaintiff, v. SCHAFER BROS., INC., Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

November 12, 1987.

Attorney(s) appearing for the Case

Jay E. Loeb, Gershon, Olim, Katz & Loeb, Atlanta, Ga., for plaintiff.

Elizabeth Vranicar Tanis, Sutherland, Asbill & Brennan, Atlanta, Ga., for defendant.

MEMORANDUM OF OPINION AND ORDER

JOYCE BIHARY, Bankruptcy Judge.

The Plaintiff-Trustee filed the above-styled adversary complaint to set aside an allegedly preferential transfer pursuant to 11 U.S.C. § 547. The transfer at issue is the repossession by the Defendant, Schafer Bros., Inc. ("Schafer"), of some furniture and equipment on April 15, 1986, less than ninety days prior to the filing of the Chapter 11 petition by the Debtor. The Defendant contends...

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