In Re Furniture Distributors, Inc.

MEMORANDUM DENYING RECONSIDERATION AND REOPENING

HAROLD LAVIEN, Bankruptcy Judge.

This matter most recently came before the Court on counsel’s Motion for Reconsideration, for an Amendment of the Findings or, in the Alternative, for a New Trial on the Denial of the Reclamation Claims based upon the failure to prove insolvency. 1 Hearing was held on August 30, 1984. Counsel conceded that “bankruptcy,” or “balance sheet,” insolvency was unproven. Counsel, however, argued that 11 U.S.C. § 546(c) 2 tracked the Uniform Commercial Code (“UCC”), specifically UCC § 2-702, 3 which permits proof of equity…