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IN RE FLOORING AMERICA, INC.

Bankruptcy No. 00-68370. Adversary No. 02-9211.

302 B.R. 394 (2003)

In re FLOORING AMERICA, INC., Debtor. Morton P. Levine, as Chapter 11 Trustee for the Estate of Flooring America, Inc., Plaintiff, v. Custom Carpet Shop, Inc., Defendant.

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

May 20, 2003.

Attorney(s) appearing for the Case

Paul G. Durdaller, Barbara Ellis-Monro, Smith, Gambrell & Russell, Atlanta, GA, for Plaintiff.

David W. Adams, Ellis, Painter, Ratteree, & Bart, Savannah, GA, for Defendant.

Morton P. Levine, Levine & Block, Atlanta, GA, Chapter 11 Trustee.

ORDER

JOYCE BIHARY, Bankruptcy Judge.

This adversary proceeding is before the Court on plaintiff's Motion for Summary Judgment. Plaintiff, the Chapter 11 Trustee, seeks a summary judgment on his claim to recover a $50,000.00 transfer made by debtor to defendant within 90 days of filing bankruptcy as either: (1) a preferential transfer pursuant to 11 U.S.C. § 547(b), or (2) a fraudulent conveyance pursuant to 11 U.S.C. § 548(a)(1)(B). This...

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