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IN RE LAMBERT OIL CO., INC.

No. 1:06CV00045 (Lead).

347 B.R. 173 (2006)

In re LAMBERT OIL COMPANY, INC., Debtor. William E. Callahan, Jr., Trustee, Appellant and Cross-Appellee, v. Petro Stopping Center # 72, Appellee and Cross-Appellant.

United States District Court, W.D. Virginia, Abingdon Division.

August 3, 2006.

Attorney(s) appearing for the Case

William E. Callahan, Jr., Roanoke, VA, for Appellant and Cross-Appellee.

John M. Lamie, Browning Lamie & Gifford, P.C., Abingdon, VA, for Appellee and Cross-Appellant.

OPINION

JONES, Chief Judge.

In these consolidated bankruptcy appeals, a bankruptcy trustee seeks to avoid as preferential certain prepetition transfers by the debtor. The primary issues on appeal are (1) whether the portions of the transfers ultimately destined to pay the Virginia fuel tax and petroleum storage tank fund fee meet the antecedent debt requirement of the Bankruptcy Code and (2) whether the transfers in general are excepted from avoidance as...

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