HOFLER v. MARION LUMBER COMPANY

Civ. A. No. 7411.

233 F.Supp. 540 (1964)

W. H. HOFLER, as Trustee in Bankruptcy of Kirchofer and Arnold, Inc., Bankrupt, Plaintiff, v. MARION LUMBER COMPANY, Inc., Defendant.

United States District Court E. D. South Carolina, Florence Division.

September 16, 1964.


Attorney(s) appearing for the Case

Shepard K. Nash, Sumter, S. C., Allston Stubbs, Durham, N. C., for plaintiff.

Wright, Scott, Blackwell & Powers, Florence, S. C., Claud R. Wheatly, Jr., Beaufort, N. C., Wallace, Murchison & Fox, Wilmington, N. C., for defendant.


HEMPHILL, Chief Judge.

Action instituted by plaintiff to recover $60,239.74 from defendant upon complaint alleging payment of such sum to defendant by bankrupt was fraudulent as to existing creditors of bankrupt under provisions of Section 67, sub. d(2) (a) of the Bankruptcy Act, 11 U.S.C.A. § 107, sub. d(2) (a). The statute relied on provides:

"Every transfer made and every obligation incurred by a debtor within one year prior to the filing of a petition...

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