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H & C PARTNERSHIP v. VIRGINIA SERV. MERCHANDISERS

Civ. A. No. 93-0848-R.

164 B.R. 527 (1994)

H & C PARTNERSHIP, Appellant, v. VIRGINIA SERVICE MERCHANDISERS, INC., Appellee.

United States District Court, W.D. Virginia, Roanoke Division.

January 13, 1994.

Attorney(s) appearing for the Case

Paul Markham Black, Wetherington & Melchionna, Roanoke, VA, for appellant.

Evelyn Kornegay Krippendorf, Krippendorf & Associates, Archibald Carter Magee, Jr., Magee, Foster, Goldstein & Sayers, Roanoke, VA, for appellee.

MEMORANDUM OPINION

WILSON, District Judge.

Debtor, Virginia Service Merchandisers, Inc. ("Virginia Service") brought an action to avoid transfers made to the creditor, H & C Partnership, ("H & C"). H & C's motion to dismiss the complaint was denied by the United States Bankruptcy Court for the Western District of Virginia. The bankruptcy court concluded that a transfer for an antecedent debt made to a non-inside creditor may be avoided under...

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