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IN RE SERGIO, INC.

Bankruptcy Nos. 80-00766, 80-00767 and 81-0041.

16 B.R. 898 (1981)

In re SERGIO, INC., Debtor. In re Sergio BATTESTETTI, Debtor. Scott R. NAKAGAWA, Trustee, and Hawaii Leasing, a Hawaii registered limited partnership by and through its attorney-in-fact GECC Hawaii Leasing Corporation, a Hawaii corporation, Plaintiffs, v. SERGIO, INC., a Hawaii corporation, aka Sergio Incorporated, Ltd., a Hawaii corporation dba Trattoria, Sergio Battestetti and Cinerama Hawaii Hotels, Inc., a Hawaii corporation, Defendants.

United States Bankruptcy Court, D. Hawaii.

December 17, 1981.

Attorney(s) appearing for the Case

Joseph M. McKellar, Honolulu, Hawaii, for Battestetti.

Scott Nakagawa, Honolulu, Hawaii, trustee.

Robert A. Rowan, Honolulu, Hawaii, for Hawaii Leasing.

William S. Miller, Honolulu, Hawaii, for secured creditor.

Lloyd Y. Asato, Honolulu, Hawaii, for Cinerama.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JON J. CHINEN, Bankruptcy Judge.

Scott R. Nakagawa, Trustee, and Hawaii Leasing, a limited partnership, by and through its attorney-in-fact, GECC Hawaii Leasing Corporation, a Hawaii corporation, hereafter "Plaintiffs", filed their amended Complaint to Set Aside Fraudulent Transfer on April 10, 1981. Subsequently, the Complaint was further amended to add a theory of constructive trust and violation of the Hawaii Bulk...

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