IN RE ENTERPRISE FABRICATORS, INC.

Bankruptcy No. 379-01793, Adv. No. 383-0510.

36 B.R. 220 (1983)

In re ENTERPRISE FABRICATORS, INC., Debtor. Irwin A. DEUTSCHER, Trustee, Plaintiff, v. O'NEAL STEEL CORPORATION, Defendant.

United States Bankruptcy Court, M.D. Tennessee.

December 30, 1983.


Attorney(s) appearing for the Case

Dearborn & Ewing, John M. Brittingham, Nashville, Tenn., for plaintiff.

Gullett, Sanford & Robinson, Allen D. Lentz, Barbara J. Moss, Nashville, Tenn., for defendant.


MEMORANDUM AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether calculation of the 90-day period of 11 U.S.C.A. § 547(b)(4) (1979) should be determined by counting backward from the filing date of the debtor's petition or forward from the effective date of the transfer challenged as preferential. The trustee contends that Bankruptcy Rule 9006(a) is applicable and that the rule requires a forward...

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