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IN RE YEAGER TRUCKING

Bankruptcy No. 82 B 4462 C, Adv. No. 83 G 0003.

29 B.R. 131 (1983)

In re YEAGER TRUCKING, a Colorado general partnership, Debtor. YEAGER TRUCKING, a Colorado general partnership, Plaintiff, v. CIRCLE LEASING OF COLORADO CORPORATION, Defendant.

United States Bankruptcy Court, D. Colorado.

March 30, 1983.

Attorney(s) appearing for the Case

Jeffrey Cohen, Quiat, Dice & Associates, Denver, Colo., for debtor/plaintiff.

John F. Reha, McMartin, Burke, Loser & Fitzgerald, Englewood, Colo., for defendant.

MEMORANDUM OPINION

BACKGROUND

JAY L. GUECK, Bankruptcy Judge.

Plaintiff-debtor (Yeager) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code on September 28, 1982. Thereafter, it filed a complaint to avoid liens under 11 U.S.C. § 544(a). The liens in question have previously been held to be conditional sales contracts, coupled with a security interest granted to the defendant, Circle Leasing, on a 1979 Kenworth glider...

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