IN RE DIAMOND LUMBER, INC.

Bankruptcy No. 387-32190-HCA-11, Adv. No. 387-3346.

102 B.R. 77 (1988)

In re DIAMOND LUMBER, INC., Debtor. WEYERHAEUSER COMPANY, Plaintiff, v. DIAMOND LUMBER, INC., Defendant.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

January 15, 1988.


Attorney(s) appearing for the Case

Karen Pulliam and Lewis Goodman, Pulliam, Hale, Spencer, Goodman & Stanley, Dallas, Tex., for plaintiff.

Dean Gandy and Marvin Mohoney, Akin, Gump, Strauss, Haver & Feld, Dallas, Tex., for defendant.


MEMORANDUM OPINION

HAROLD C. ABRAMSON, Bankruptcy Judge.

The Motion before this Court is one to determine the definition of the term "insolvent" as it is used in § 546(c) of the United States Bankruptcy Code. The definition of this term is particularly important, since it will frequently determine the quantum of proof which a reclaiming creditor will have to meet.

A review of the facts of this proceeding...

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