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IN RE TRIPLE S RESTAURANTS, INC.

No. 04-5297.

422 F.3d 405 (2005)

In Re: TRIPLE S RESTAURANTS, INC., Debtor, J. Baxter Schilling, Trustee, Appellee, v. Donald M. Heavrin, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 30, 2005.

Attorney(s) appearing for the Case

ARGUED: James A. Earhart, Louisville, Kentucky, for Appellant. J. Baxter Schilling, Louisville, Kentucky, for Appellee. ON BRIEF: James A. Earhart, Louisville, Kentucky, for Appellant. J. Baxter Schilling, Louisville, Kentucky, for Appellee.

Before: BOGGS, Chief Judge; GILMAN, Circuit Judge; and CLELAND, District Judge.

OPINION

GILMAN, Circuit Judge.

Donald M. Heavrin appeals from the judgment of the district court, which affirmed a decision of the bankruptcy court permitting J. Baxter Schilling, the Trustee for Triple S Restaurants (TSR), to avoid the fraudulent transfer of a life insurance policy and to recover the value of the transfer on behalf of TSR's creditors. The policy on the life of Heavrin's stepfather, Robert Harrod, was transferred from TSR to a trust benefitting...

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