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IN RE TOOLS-4-HIRE, INC.

Bankruptcy No. 06-14004-FJB. Adversary No. 07-1455.

438 B.R. 440 (2010)

In re TOOLS-4-HIRE, INC., et al., Debtors. Tools-4-Hire, Inc., Plaintiff v. Wells Fargo Construction, A Division of Wells Fargo Equipment Finance, Inc., Defendant.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

October 5, 2010.

Attorney(s) appearing for the Case

Charles R. Bennett, Jr. , Christian J. Urbano , Hanify & King, P.C., Paul F. O'Donnell, III , Hinckley, Allen & Snyder LLP, Boston, MA, Jennifer V. Doran , Hinckley, Allen & Snyder LLP, Boston, MA, for Debtors.

Diane N. Rallis , Holland & Knight, LLP, Boston, MA, John J. Monaghan , Holland & Knight, Boston, MA, for Defendant.

MEMORANDUM OF DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

FRANK J. BAILEY, Bankruptcy Judge.

By its complaint in this adversary proceeding, the reorganized debtor, Tools-4-Hire, Inc. ("Tools"),1 seeks to recover two things: (i) payments totaling $256,580.71 that it made to the defendant, Wells Fargo Construction, a division of Wells Fargo Equipment Finance, Inc. ("Wells Fargo"), during its chapter 11 case...

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