GILL v. PHILLIPS

No. 20780.

340 F.2d 318 (1965)

Ned GILL, Appellant, v. H. A. PHILLIPS, Trustee of Tinney Produce Company, Inc., Bankrupt, Appellee.

United States Court of Appeals Fifth Circuit.

January 11, 1965.


Attorney(s) appearing for the Case

Bennett B. Patterson, William J. Knight and Patterson, McDaniel, Moore & Browder, Houston, Tex., for appellant.

Thad Grundy and Hutcheson, Tallaferro & Hutcheson, Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and GEWIN, Circuit Judges.


PER CURIAM:

On consideration of the petition for rehearing in the instant case, we wish to clarify the statement in our opinion that preferences and fraudulent conveyances are not voidable in an arrangement proceeding. While as a practical matter the debtor in possession in the instant case would probably not have attempted to avoid the allegedly preferential payments made to its own sole shareholder, we do not intend to suggest that as a general rule such transfers...

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