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IN RE HILLCREST FOODS, INC.

Bankruptcy Nos. 281-00098 to 281-00101 and 281-00220, Adv. No. 283-0155.

31 B.R. 563 (1983)

In re HILLCREST FOODS, INC., Pure 1, Inc., WJM Co., Mendelson's Farms, Inc., Broadway Poultry, Inc., Debtors. ARGUS MANAGEMENT CORPORATION, Trustee, Plaintiff, v. NEW ENGLAND MUTUAL LIFE INSURANCE CO., Defendant.

United States Bankruptcy Court, D. Maine.

July 25, 1983.

Attorney(s) appearing for the Case

Roderick R. Rovzar, Norman & Hanson, Portland, Maine, for plaintiff.

Robert J. Keach, Portland, Maine, for defendant.

MEMORANDUM DECISION

FREDERICK A. JOHNSON, Bankruptcy Judge.

New England Mutual Life Insurance Company moves to dismiss the complaint for avoidance of a postpetition transaction filed by the trustee, Argus Management Corporation. New England Mutual argues that the complaint fails to state a claim because the property allegedly transferred to it was held in trust and, thus, was not property of the debtor, Hillcrest Foods, Inc. The court concludes that the...

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