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IN RE FAIR FINANCE CO.

No. 15-3854.

834 F.3d 651 (2016)

IN RE: FAIR FINANCE COMPANY, Debtor. Brian A. Bash, Chapter 7 Trustee, Plaintiff-Appellant, v. Textron Financial Corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2016.

Rehearing Denied September 23, 2016.

Attorney(s) appearing for the Case

ARGUED: Daniel R. Warren , Baker & Hostetler LLP, Cleveland, Ohio, for Appellant. Mitchell A. Karlan , Gibson, Dunn & Crutcher LLP, New York, New York, for Appellee. ON BRIEF: Daniel R. Warren , Thomas D. Warren , Joseph F. Hutchinson, Jr. , Michael A. VanNiel , David F. Proaño , Baker & Hostetler LLP, Cleveland, Ohio, for Appellant. Mitchell A. Karlan , Gibson, Dunn & Crutcher LLP, New York, New York, James P. Schuck , Kenneth C. Johnson , Quintin F. Lindsmith , Bricker & Eckler LLP, Columbus, Ohio, for Appellee.

Before: MOORE, GIBBONS, and DAVIS, Circuit Judges.

OPINION

In this appeal from the dismissal of an adversary proceeding in bankruptcy, we are obliged to explore some uncharted territory of Ohio substantive and procedural jurisprudence.

For more than six decades, members of the Fair family operated Fair Finance Company (the "Debtor") as a profitable...

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