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IN RE RAINBOW MUSIC, INC.

Bankruptcy No. 92-42672 TS, Adv. No. 92-4507 AT.

154 B.R. 559 (1993)

In re RAINBOW MUSIC, INC., dba Rainbow Records, a California corporation, Debtor. Richard J. SPEAR, Plaintiff, v. CEMA DISTRIBUTION, Defendant.

United States Bankruptcy Court, N.D. California.

May 11, 1993.

Attorney(s) appearing for the Case

Dennis Davis, San Francisco, CA, for plaintiff, debtor.

David Kronemyer, Woodland Hills, CA, for defendant.

MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Plaintiff Richard J. Spear (the "Trustee"), the Chapter 7 trustee of Rainbow Music, Inc. ("Rainbow" or "Debtor"), seeks to avoid a transfer made by check in the amount of $8,242 to Cema Distribution ("CEMA" or "Defendant") as an unauthorized post-petition transfer pursuant to 11 U.S.C. § 549(a) and to recover the amount of the unauthorized transfer from CEMA. For the reasons stated below,...

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