IN RE TRANSCOMMUNICATIONS INC.

Bankruptcy No. 03-18744, Adversary No. 05-1230.

355 B.R. 668 (2006)

In re TRANSCOMMUNICATIONS INCORPORATED, Debtor. Richard P. Jahn, Jr., Trustee Plaintiff v. U.S. Xpress, Inc. Defendant.

United States Bankruptcy Court, E.D. Tennessee.

December 4, 2006.


Attorney(s) appearing for the Case

Jeffrey S. Norwood, Husch & Eppenberger, LLC, Chattanooga, TN, for US Xpress, Inc.

James A. Hurst, Jr., Horton, Maddox & Anderson, PLLC, Chatanooga, TN; Richard C. Kennedy, Kennedy, Fulton & Koontz, Chattanooga, TN, for Transcommunications Inc.


MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This is a proceeding brought by the trustee against the defendant to recover alleged setoffs pursuant to the provisions of 11 U.S.C. § 553. Having considered both the evidence produced at trial and the arguments of counsel, the court now makes its findings of fact and conclusions of law pursuant to the provisions of Bankruptcy Rule 7052.

I.

The debtor, Transcommunications Incorporated...

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