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IN RE ABC-NACO, INC.

Bankruptcy No. 01 B 36484, Adversary No. 02 A 00204.

331 B.R. 773 (2005)

In re ABC-NACO, INC, et al., Debtors. The Official Committee of Unsecured Creditors of ABC-NACO, Inc., ex rel. ABC-NACO, Inc., Plaintiff, v. Bank of America, N.A., individually and as agent and letter of credit issuing lender under the Credit Agreement dated as of February 19, 1999, as modified, amended or restated thereafter, Defendant.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

October 13, 2005.

Attorney(s) appearing for the Case

Barry Sullivan, Donald R. Cassling, Catherine Steege, Andrew S. Nicoll, Jenner & Block LLP, Chicago, IL, for Plaintiff.

David M. Schiffman, Kenneth E. Wile, Jennifer Peitz, Sidley, Austin, Brown & Wood LLP, Chicago, IL, for Defendant.

J. Christopher Kohn, Tracy J. Whitaker, Matthew J. Troy, U.S. Department of Justice, Washington, D.C., for Intervenor United States of America.

MEMORANDUM OF DECISION

EUGENE R. WEDOFF, Bankruptcy Judge.

This adversary proceeding is a "Deprizio-type" preference action — brought to avoid transfers of a debtor's property, made between 90 days and one year before the debtor's bankruptcy filing, in connection with a loan guaranteed by the debtor's insiders. The proceeding is before the court on the post-trial motion of defendant Bank of America for judgment as a matter of law, pursuant...

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