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IN RE WHITACRE SUNBELT, INC.

Bankruptcy No. 94-61954. Adv. No. 95-6615.

200 B.R. 422 (1996)

In re WHITACRE SUNBELT, INC., Debtor. John W. RAGSDALE, Jr., as Trustee for the Estate of Whitacre Sunbelt, Inc., Plaintiff, v. SOUTH FULTON MACHINE WORKS, INC., and David A. Whitacre, Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

May 9, 1996.

Attorney(s) appearing for the Case

William Russell Patterson, Ragsdale, Beals, Hooper & Seigler, Atlanta, GA, for plaintiff.

Charlotte Harris Beltrami, King & Croft, Atlanta, GA, for South Fulton Machine Works.

John C. Pennington, Wilson, Strickland & Benson, Atlanta, GA, for David A. Whitacre.

ORDER

JOYCE BIHARY, Bankruptcy Judge.

This adversary proceeding is before the Court on cross motions for summary judgment filed by the plaintiff John W. Ragsdale, Jr., as Trustee ("plaintiff" or "Trustee") and defendant South Fulton Machine Works, Inc. ("SFM"). The Trustee is attempting to avoid a $325,000.00 payment as a fraudulent transfer under 11 U.S.C. §§ 544(b), 548, and O.C.G.A. § 18-2-22, and to recover $325,000.00 from SFM...

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