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IN RE AMERICAN PROPERTIES, INC.

Bankruptcy Nos. 80-40156, 80-40158, Adv. No. 81-0018.

14 B.R. 637 (1981)

In re AMERICAN PROPERTIES, INC., Debtor. In re COLEMAN AMERICAN MOVING SERVICES, INC., A Nebraska Corporation, Debtor. COLEMAN AMERICAN MOVING SERVICES, INC., A Nebraska Corporation, and American Properties, Inc., Plaintiff, v. The FIRST NATIONAL BANK AND TRUST COMPANY OF KEARNEY, NEBRASKA, Defendant.

United States Bankruptcy Court, D. Kansas.

September 28, 1981.

Attorney(s) appearing for the Case

Eileen Hiney and R. Pete Smith of McDowell, Rice & Smith, Chartered, Kansas City, Kan., for debtors-in-possession.

Jerrold L. Strasheim of Venteicher, Strasheim & Laughlin, P.C., Omaha, Neb., for defendant.

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 11 proceeding, the debtors-in-possession seek to avoid transfers made in a complicated transaction on the grounds the transfers were fraudulent and preferential.

The defendant, The First National Bank and Trust Company (FNB) of Kearney, Nebraska, denies the transfers were fraudulent and preferential and seeks to have its claim allowed as secured.

The issues for determination...

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