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IN RE FURR'S SUPERMARKETS, INC.

Bankruptcy No. 7-01-10779 SA, Adversary No. 02-1173 S.

320 B.R. 1 (2004)

In re FURR'S SUPERMARKETS, INC., Debtor. Yvette Gonzales, Trustee, Plaintiff, v. Food Marketing Group, Defendant.

United States Bankruptcy Court, D. New Mexico.

October 15, 2004.

Attorney(s) appearing for the Case

Chris W. Pierce, Albuquerque, NM, for Plaintiff.

MEMORANDUM IN SUPPORT OF ORDER GRANTING IN PART AND DENYING IN PART TRUSTEE'S MOTION FOR SUMMARY JUDMENT AND DENYING DEFENDANT FOOD MARKETING GROUP'S CROSS-MOTION FOR SUMMARY JUDGMENT

JAMES S. STARZYNSKI, Chief Judge.

These dueling motions for summary judgment raise, among other issues, the question of whether a chapter 11 debtor in possession's postpetition overpayment for goods to a creditor vendor can be offset by the creditor's administrative...

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