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IN RE MARTIN

Bankruptcy No. 89 B 09796, Adv. No. 91 A 00418.

142 B.R. 260 (1992)

In re William MARTIN, Sr., Debtor. BAY STATE MILLING COMPANY, Plaintiff, v. William MARTIN, Sr., Diana June Franchi, and Betty Lou Doty, Defendants.

United States Bankruptcy Court, N.D. Illinois, E.D.

March 30, 1992.

Attorney(s) appearing for the Case

Bernard M. Kaplan, Ruben Kaplan & Rosen, Skokie, Ill., Saul R. Leibowitz, Chicago, Ill., for William Martin, Sr.

David Neff, Jenner & Block, Chicago, Ill., for Official Creditors Committee.

Karen Moore, Office of the U.S. Trustee, Chicago, Ill.

von Briesen & Purtell, Milwaukee, Wis.

Paul M. Bauch, Bell Boyd & Lloyd, Chicago, Ill., for Bay State Milling Co.

David A. Kallick, Hurley & Kallick, Ltd., Deerfield, Ill., for LaSalle Bank Northbrook.

Jan Van Duzer, Mayer Brown & Platt, Chicago, Ill.

MEMORANDUM OPINION ON DEBTOR'S MOTION FOR SUMMARY JUDGMENT

JACK B. SCHMETTERER, Bankruptcy Judge.

Bay State Milling Company ("Bay State") is a creditor in the related Chapter 7 bankruptcy proceeding filed by William Martin Sr. It filed this two-count Adversary complaint on behalf of the bankruptcy estate to set aside the transfer of certain stock to the debtor's children as a fraudulent conveyance. Plaintiff alleges fraud in fact and fraud in law under Ill...

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