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IN RE TIC UNITED CORP.

Bankruptcy No. 00-37234-SAF-7, Adversary No. 03-3482.

305 B.R. 270 (2003)

In re TIC UNITED CORP., Debtor. John H. Litzler, Chapter 7 Trustee, Plaintiff, v. CitiCapital Commercial Corporation and CitiCapital Commercial Leasing Corp., Defendants.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

December 11, 2003.

Attorney(s) appearing for the Case

Peter C. D'Apice, Andrews & Kurth LLP, Dallas, TX, for Plaintiff.

Michael P. Cooley, Gardere, Wynne & Sewell, Dallas, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

STEVEN A. FELSENTHAL, Chief Judge.

On July 3, 2003, John H. Litzler, the Chapter 7 trustee of the bankruptcy estate of TIC United Corp., the debtor, filed a first amended complaint against CitiCapital Commercial Corporation (CCC) and CitiCapital Commercial Leasing Corporation (CCC Leasing).1 In the complaint, Litzler alleges four counts. In count one, Litzler seeks to avoid under 11 U.S.C....

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