IN RE XTI XONIX TECHNOLOGIES INC.

Bankruptcy No. 391-36468-S7, Adv. No. 92-3163-S.

156 B.R. 821 (1993)

In re XTI XONIX TECHNOLOGIES INC., Debtor. Edward C. HOSTMANN, Trustee, Plaintiff, v. FIRST INTERSTATE BANK OF OREGON, N.A.; Thomas H. Peterson and Gloria Peterson, Defendants.

United States Bankruptcy Court, D. Oregon.

July 19, 1993.


Attorney(s) appearing for the Case

Sanford R. Landress, Portland, OR, for plaintiff.

Catherine S. Travis, Robert J. Vanden Bos, Shawn P. Ryan, Peter G. Raphael Portland, OR, for defendants.


MEMORANDUM OPINION

POLLY S. HIGDON, Bankruptcy Judge.

The plaintiff trustee and the defendant, the First Interstate Bank of Oregon (hereinafter FIOR), have filed cross motions for partial summary judgment asking the court to decide whether the execution by Thomas Peterson and Gloria Peterson, insiders of the debtor, of a guarantee, which includes their waiver of certain rights, removes the attacked transfers from the one year time frame of 11 U.S.C. §...

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