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IN RE WHITACRE SUNBELT, INC.

Bankruptcy No. 94-61954-JB, Adversary No. 95-6632.

206 B.R. 1010 (1997)

In re WHITACRE SUNBELT, INC., Debtor. John W. RAGSDALE, Jr., as Trustee for the Estate of Whitacre Sunbelt, Inc., and Morton P. Levine, as Trustee for the Estate of Whitacre International, Inc., Plaintiffs, v. BANK SOUTH, N.A., David A. Whitacre, and Mark C. Pope, III, Defendants.

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

February 6, 1997.

Attorney(s) appearing for the Case

William Russell Patterson, Jr., Ragsdale, Beals, Hooper & Seigler, Atlanta, GA, for Plaintiff John W. Ragsdale, Jr., Trustee for Estate of Whitacre Sunbelt, Inc.

Stephen H. Block, Levine & Block, Atlanta, GA, for Plaintiff Morton P. Levine, Trustee for Estate of Whitacre International, Inc.

Ezra Cohen, Troutman, Sanders, Atlanta, GA, for Defendant Bank South, N.A.

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

J. Michael Lamberth, Lamberth, Bonapfel, Cifelli, Willson & Stokes, P.A., Atlanta, GA, for Defendant Mark C. Pope, III.

ORDER

JOYCE BIHARY, Bankruptcy Judge.

This adversary proceeding was brought by two plaintiffs, both of whom are trustees in the pending Chapter 7 cases of two affiliated debtor corporations. Plaintiff John W. Ragsdale, Jr., is the trustee of Whitacre Sunbelt, Inc. ("Whitacre Sunbelt"), and Plaintiff Morton P. Levine is the trustee of Whitacre International, Inc. ("Whitacre International"). Both plaintiffs seek to set aside a transfer of $335,700.00...

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