IN RE CONARD CORP.

No. 86-2559. Summary Calendar.

806 F.2d 610 (1986)

In re CONARD CORPORATION and Virgil Conard, Debtors, Ronald J. SOMMERS, Trustee, Plaintiff-Appellee, v. Jim B. BURTON, Patty S. Burton, Pizza Hut of McKinney, Inc., Pizza Hut of Greenville, Inc. and Pizza Hut of Plano, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 24, 1986.


Attorney(s) appearing for the Case

Brian S. Book, Dallas, Tex., for debtor.

Richard W. Simmons, Houston, Tex., for Ronald J. Sommers, Trustee.

Robert M. Noblitt, Houston, Tex., for Pizza Hut of Memphis, et al.

Before POLITZ, WILLIAMS, and JONES, Circuit Judges.


EDITH HOLLAN JONES, Circuit Judge:

In this case, we AFFIRM the bankruptcy court's avoidance of a preferential transfer subject to 11 U.S.C. § 547(b).

On or about January 16, 1981, Conard Corporation as purchaser and Virgil Conard as guarantor executed an asset purchase agreement with Pizza Hut of McKinney, Inc., Pizza Hut of Greenville, Inc., Pizza Hut of Plano, Inc. as sellers and Jim and Patty Burton as guarantors (the selling parties are hereafter...

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