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IN RE SHAPE, INC.

Bankruptcy No. 88-20388. Adv. No. 92-2048.

176 B.R. 1 (1994)

In re SHAPE, INC., Debtor. SHAPE, INC., Plaintiff, v. MIDWEST ENGINEERING, INC., Defendant.

United States Bankruptcy Court, D. Maine.

December 9, 1994.

Attorney(s) appearing for the Case

Giselle Nadeau, Peter Culley, Pierce Atwood, Scribner, Allen, Smith & Lancaster, Portland, ME, for debtor/plaintiff.

James Wholly, Gross, Minsky, Mogul & Singal, Bangor, ME, for defendant.

MEMORANDUM OF DECISION

JAMES A. GOODMAN, Chief Judge.

Shape, Inc. ("Shape") alleges that a transfer of stock should be avoided as fraudulent under the constructive fraud provisions of 11 U.S.C. § 548(a)(2) and Maine law—14 M.R.S.A. § 3575(1)(B). This Court agrees and the transfer is avoided pursuant to Section 548 and the defendant Midwest Engineering Inc. ("MEI") is ordered to pay Shape...

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