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IN RE BEESLEY

Adv. No. 90-6120, Bankruptcy No. 89-00892-7.

139 B.R. 247 (1992)

In re BEESLEY, Marvin G., Debtor. L.D. FITZGERALD, Trustee, Plaintiff, v. Marvin G. BEESLEY, a married man; Intermountain Marine Sales, Inc., an Idaho corporation; and Jim Herzog, individually, Defendants.

United States Bankruptcy Court, D. Idaho.

February 7, 1992.

Attorney(s) appearing for the Case

Daniel C. Green, Racine, Olson, Nye, Cooper & Budge, Pocatello, Idaho, for plaintiff.

M. Brent Morgan, Pocatello, Idaho, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ALFRED C. HAGAN, Chief Judge.

The trustee filed this action, under the provisions of 11 U.S.C. § 549(a), to avoid the post petition sale of a boat by the debtor to the defendant Jim Herzog. Mr. Herzog then transferred title to the boat to his business, Intermountain Marine Sales, Inc. The sale was not authorized by the court.

The debtor asserts the sale was in the ordinary course of business and therefore...

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