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IN RE DAY TELECOMMUNICATIONS, INC.

Bankruptcy No. 86-50588-ATS, Adv. No. S-86-0131-AP.

70 B.R. 904 (1987)

In re DAY TELECOMMUNICATIONS, INC., Debtor. David W. BOONE, Trustee in Bankruptcy for Day Telecommunications, Inc., Plaintiff, v. William C. MARLATT, Jr., Defendant.

United States Bankruptcy Court, E.D. North Carolina.

March 10, 1987.

Attorney(s) appearing for the Case

David W. Boone, trustee, Raleigh, N.C., for debtor.

Holmes P. Harden, Raleigh, N.C., for William C. Marlatt, Jr.

MEMORANDUM OPINION AND ORDER

A. THOMAS SMALL, Bankruptcy Judge.

The matters before the court are cross motions for summary judgment in this adversary proceeding brought by the chapter 7 trustee alleging a preferential transfer under 11 U.S.C. § 547 or, in the alternative, a fraudulent conveyance under 11 U.S.C. § 548. A hearing was held in Raleigh, North Carolina, on February 23, 1987.

JURISDICTION

This bankruptcy court has jurisdiction...

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