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IN RE MORSE TOOL, INC.

Bankruptcy No. 87-10588-CJK, Adv. No. 87-1303-CJK.

108 B.R. 389 (1989)

In re MORSE TOOL, INC. Debtor. David FERRARI, Trustee of Morse Tool, Inc., Plaintiff, v. BARCLAYS BUSINESS CREDIT, INC., Defendant.

United States Bankruptcy Court, D. Massachusetts.

December 22, 1989.

Attorney(s) appearing for the Case

Gene Landy, Mark N. Berman, Boston, Mass., for trustee.

Charles R. Bennett, Jr., Boston, Mass., for Barclays Business Credit, Inc.

MEMORANDUM OF DECISION ON TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING THE EXISTENCE OF QUALIFYING UNSECURED CREDITORS

CAROL J. KENNER, Bankruptcy Judge.

The plaintiff, the Chapter 7 Trustee of Morse Tool, Inc. ("the Trustee"), has filed a motion for partial summary judgment on the issue of whether there exist qualified unsecured creditors under 11 U.S.C. § 544(b) such that the Trustee has standing to bring a fraudulent conveyance claim against...

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