IN RE MALONEY ENTERPRISES, INC.

Bankruptcy No. 82-01007, Adv. No. 82-0572.

37 B.R. 290 (1983)

In re MALONEY ENTERPRISES, INC., Debtor. AVENTURA SPORTSWEAR, LTD., Plaintiff, v. MALONEY ENTERPRISES, INC., et al., Defendants.

United States Bankruptcy Court, E.D. Kentucky, Lexington Division.

November 20, 1983.


Attorney(s) appearing for the Case

Grover A. Carrington, Mount Sterling, Ky., for Aventura Sportswear, Limited.

John R. Dilenschneider, Jack R. Pigman, Columbus, Ohio, Jerry D. Truitt, Lexington, Ky., for Maloney Enterprises, Inc.

Joseph M. Scott, Jr., Lexington, Ky., for Unsecured Creditors' Committee.


MEMORANDUM OPINION

JOE LEE, Bankruptcy Judge.

This matter is before the court for the limited purpose of determining whether the plaintiff made a timely demand for reclamation of goods pursuant to section 546(c) of the Bankruptcy Code, 11 U.S.C. § 546(c), and section 2-702 of the Uniform Commercial Code, as it appears in KRS 355.2-702.

FINDINGS OF FACT:

The facts, which are not in controversy and which are stipulated by the parties,...

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