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IN RE PRO PAGE PARTNERS, LLC

Bankruptcy No. 00-22856. Adversary No. 01-2013.

270 B.R. 221 (2001)

In re PRO PAGE PARTNERS, LLC, Debtor. Pro Page Partners, LLC, Plaintiff, v. Message Express Paging Company, Inc., Defendant.

United States Bankruptcy Court, E.D. Tennessee.

August 31, 2001.

Attorney(s) appearing for the Case

Mark S. Dessauer, Esq., Hunter, Smith & Davis, LLP, Kingsport, TN, for Pro Page Partners, LLC.

Mark M. Lawson, Esq., Eric W. Reecher, Esq., Elliott Lawson & Pomrenke, P.C., Bristol, VA, for Message Express Paging Company, Inc.

MEMORANDUM

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

In this adversary proceeding, the debtor seeks a determination that an agreement between it and the defendant, Message Express Paging Company, Inc. ("Message Express"), is a financing arrangement for the purchase of personalty rather than an executory contract such that certain payments by the debtor to Message Express are avoidable pursuant to 11 U.S.C. §§ 547 and 549. Presently pending...

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