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Fry v. Maxim Global Inc. (In re Maxim Truck Co.)

Fry v. Maxim Global Inc. (In re Maxim Truck Co.)

Ruling
Avoidability proceeding dismissed with respect to transactions outside preference period.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, related entities and the principal of the entities, alleging that the entities' security interest in a bankruptcy debtor's assets, and the assumption and subsequent sale of the assets, were avoidable as preferential or fraudulent transfers. The entities and the principal moved to dismiss certain claims asserted in the trustee's amended complaint as untimely.

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Commercial opinion summary, case decided on February 17, 2009 , LexisNexis #0409-138