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QUINN WHOLESALE, INC. v. NORTHEN

Civ. No. C-88-302-G, Bankruptcy No. B-86-02467C-7.

100 B.R. 271 (1988)

QUINN WHOLESALE, INC., Plaintiff/Appellant, v. John A. NORTHEN, Trustee in Bankruptcy for Gordon Foods, Inc., Defendant/Appellee.

United States District Court, M.D. North Carolina, Greensboro Division.

August 23, 1988.

Attorney(s) appearing for the Case

Michael E. Weddington, Amos U. Priester, IV, Raleigh, N.C., for Quinn Wholesale, Inc.

Charles T.L. Anderson, Chapel Hill, N.C., for Northen.

MEMORANDUM OPINION

BULLOCK, District Judge.

Quinn Wholesale, Inc. ("Quinn") takes this appeal from a judgment of the bankruptcy court requiring Quinn to return a payment received from Gordon Foods, Inc. ("Debtor") to the Trustee in Bankruptcy for Gordon Foods. The bankruptcy court found the payment to Quinn to be a post-petition transfer for a pre-petition debt, avoidable by the Trustee under 11 U.S.C. § 549. For the reasons discussed below, the court...

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