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HAVEE v. BELK

No. 84-1880.

775 F.2d 1209 (1985)

Justin HAVEE, as Trustee for William Henry Belk, Jr., a/k/a William Henry Belk, Appellant, and Union Bank of Baveria, Plaintiff, v. Irwin BELK; Sarah Belk Gambrell, Appellees, and Henderson Belk; Belk-Broome Company of Marion, N.C., Inc.; Belk's Department Store of Asheville, N.C., Inc.; Belk Enterprises, Inc.; Belk Finance Company; Belk-Gallant Company of Decatur, Ga., Inc.; Belk-Gallant Company of Thomaston, Ga., Inc.; Belk-Gallant Company — Toccoa, Ga.; Belk-Insurance Reciprocal; Belk-Jones Company of Stuttgart, Arkansas, Inc.; Belk-Tyler Company of Mount Olive, N.C., Inc.; Belk-Tyler of Greenville, N.C., Inc.; Gallant-Belk Company, Gainesville, Ga.; Gallant-Belk Company, Hartwell, Ga.; Gallant-Belk Company of Seneca, S.C., Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 24, 1985.

Attorney(s) appearing for the Case

James A. Beha, II, New York City (James F. Gleason, Jr., Hertzog, Calamari & Gleason, New York City, Phillips & Phillips, P.S., Barbara L. Phillips, Miami, Fla., on brief), for appellant.

Robert D. Dearborn, Charlotte, N.C. (John T. Allred, Moore, Van Allen, Allen & Thigpen, Charlotte, N.C., Larry D. Estridge, Wyche, Burgess, Freeman & Parham, Greenville, N.C., on brief), for appellees.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.

DONALD RUSSELL, Circuit Judge:

Initially two actions were instituted on the same day seeking to void as fraudulent conveyances a large number of transfers of corporate stock of the bankrupt William Henry Belk, Jr. (Henry Belk). The plaintiff in one action was the Union Bank of Bavaria (Bank), suing as a judgment creditor of the bankrupt and as the assignee of all the "powers [of the trustees of the bankrupt] under Sections 544, 548 and 550 of the Bankruptcy Code"...

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