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IN RE BROWN IRON & METAL, INC.

Bankruptcy No. 3-82-01356, Adv. No. 3-82-0958.

28 B.R. 426 (1983)

In re BROWN IRON & METAL, INC., Debtor. Glen C. SHULTS, Jr., Trustee, Plaintiff, v. UNIVERSITY OF OKLAHOMA FOUNDATION; Homer I. Jerrolds and wife, Linda R. Jerrolds; J.R.C., Inc.; H. Scott Reams, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

February 24, 1983.

Attorney(s) appearing for the Case

Campbell, Hooper & Shults, Glen C. Shults, Jr., Newport, Tenn., pro se.

Kelley Hinsley, Morristown, Tenn., for defendants Homer I. Jerrolds, Linda R. Jerrolds, and J.R.C., Inc.

Baker, Logsdon & Phelps, Thomas E. Baker, Kingfisher, Okl., for defendant University of Oklahoma Foundation.

Taylor, Tilson, Inman & Reams, David M. Tilson, Morristown, Tenn., for defendant H. Scott Reams.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The trustee in bankruptcy seeks to avoid a transfer of real property by the debtor to the Jerrolds on the basis the transfer was preferential. 11 U.S.C.A. § 547(b) (1979). A warranty deed effecting the transfer was executed more than ninety days before the date of the filing of the debtor's petition in bankruptcy but was filed for registration within the ninety-day period. Citing 11 U.S.C.A. § 547(e)...

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