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IN RE PAJARO DUNES RENTAL AGENCY, INC.

Bankruptcy No. 91-53976-ASWCZ. Adv. No. 92-5006.

174 B.R. 557 (1994)

In re PAJARO DUNES RENTAL AGENCY, INC., a California Corp., dba Monterey Bay Caterers, Debtor. PAJARO DUNES RENTAL AGENCY, INC., a California Corp., dba Monterey Bay Caterers, Plaintiff, v. Laurence L. SPITTERS, Trustee for Eight Irrevocable Trusts of Children of Laurence L. Spitters; Laurence L. Spitters, an Individual, Defendants.

United States Bankruptcy Court, N.D. California.

October 19, 1994.

Attorney(s) appearing for the Case

Craig K. Welch (argued), of Welch, Olrich & Mori, San Francisco, CA, for Pajaro Dunes Rental Agency, Inc.

James R. Stillman and Louis J. Grimmelbein, IV (argued), of Murphy, Weir & Butler, San Francisco, CA, for Laurence L. Spitters.

DECISION

ARTHUR S. WEISSBRODT, Bankruptcy Judge.

This action involves a complaint to avoid allegedly fraudulent and preferential transfers, under 11 U.S.C. §§ 544(b), 547 and 548. Plaintiff/Debtor, Pajaro Dunes Rental Agency, Inc. ("PDRA"), claims that a $1 million note against it in favor of Defendants, Laurence Spitters, et al. ("Spitters"), supposedly used to finance construction of a new office building and conference center,...

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