IN RE BELKNAP, INC.

No. 89-6235.

909 F.2d 879 (1990)

In re BELKNAP, INC., Debtor. OFFICIAL UNSECURED CREDITORS' COMMITTEE OF BELKNAP, INC., Plaintiff-Appellant, v. The SHALER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 25, 1990.


Attorney(s) appearing for the Case

Ronald R. Peterson, Jay S. Geller (argued), Jenner & Block, Chicago, Ill., Jeremiah A. Lloyd, Gerald F. McDaniel, Lloyd & McDaniel, Louisville, Ky., for plaintiff-appellant.

Richard H. Casper, Foley & Lardner, Milwaukee, Wis., Helen Lucier (argued), Charles R. Keeton, Brown, Todd & Heyburn, Louisville, Ky., for defendant-appellee.

Before: MERRITT, Chief Judge; KRUPANSKY and MILBURN, Circuit Judges.


MERRITT, Chief Judge.

The preference problem in this case involving three checks issued by the bankrupt debtor requires an interpretation of section 547(b) of the 1978 Bankruptcy Act. That section provides that "the trustee may avoid any transfer of an interest of the debtor in property" made on or within 90 days of the filing of the bankruptcy petition. 11 U.S.C. § 547(b) (1988) (emphasis added).1 The two main questions presented...

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