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IN RE HYPERION ENTERPRISES, INC.

Bankruptcy No. 91-12630, Adv. No. 92-1030.

144 B.R. 228 (1992)

In re HYPERION ENTERPRISES, INC., Debtor. Arnold L. BLASBALG, Trustee, Plaintiff, v. Thomas TARRO, Individually and doing business as Telesis Financial Service, Defendant.

United States Bankruptcy Court, D. Rhode Island.

September 11, 1992.

Attorney(s) appearing for the Case

Amedeo C. Merolla, Asquith, Merolla, Anderson Archetto & Kane, Providence, R.I., for trustee, Arnold Blasbalg.

Robert D. Wieck, MacAdams & Wieck Inc., Providence, R.I., for defendant.

DECISION AND ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on June 17, 18, 29, 30, July 1, and 2, 1992, on the Chapter 7 Trustee's complaint to: (1) recharacterize an alleged debt of the Debtor, Hyperion Enterprises, Inc., to Thomas A. Tarro, as a contribution to capital; (2) equitably subordinate the alleged claim of Tarro; (3) avoid as a preferential transfer the January 9, 1991 note and related security interest, and the payments received by...

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