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IN RE OAKWOOD HOMES CORP.

Bankruptcy No. 02-13396(PJW), Adversary No. 04-56907(PBL).

325 B.R. 696 (2005)

In re OAKWOOD HOMES CORPORATION, et al. Debtors. OHC Liquidation Trust, by and through Alvarez & Marsal, LLC, the OHC Liquidation Trustee, Plaintiff, v. Nucor Corporation, Defendant.

United States Bankruptcy Court, D. Delaware.

June 7, 2005.

Attorney(s) appearing for the Case

Michael G. Busenkell, Wilmington, DE, for Debtors.

Kathleen Judith Campbell, Campbell & Levine LLC, Wilmington, DE, for Plaintiff.

MEMORANDUM

PAUL B. LINDSEY, Bankruptcy Judge.

This adversary proceeding was commenced on November 11, 2004 by the Plaintiff, the OHC Liquidation Trust, seeking to avoid and recover certain allegedly preferential and fraudulent transfers pursuant to §§ 544, 547 and 548 of the Bankruptcy Code. At issue is Count II of Plaintiff's Complaint which alleges a claim for constructive fraud. Nucor Corporation, the Defendant, has moved this Court to...

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