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IN RE CONSOLIDATED PARTNERS INV. CO.

Bankruptcy No. B89-4851, Adv. No. B92-1301.

156 B.R. 982 (1993)

In re CONSOLIDATED PARTNERS INVESTMENT CO., Debtor. Joel H. RATHBONE, Trustee, Plaintiff, v. John LAKE, et al., Defendants.

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

Amendment to Memorandum of Opinion and Order July 26, 1993.

Attorney(s) appearing for the Case

Michael P. Harvey, Cleveland, OH, for plaintiff.

Thomas A. Kondzer, Westlake, OH, for defendant.

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

In this Chapter 7 proceeding, the case trustee, Joel H. Rathbone, (the Trustee), seeks to avoid certain prepetition and postpetition transfers of real property and further seeks to sell the same property once avoided.

The dispositive issues before the Court are (1) whether the subject real property transfers are avoidable postpetition transfers in view of the doctrine of equitable...

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