Legal Opinion

Schwinn Plan Committee v. AFS Cycle & Co. (In Re Schwinn Bicycle Co.)

United States Bankruptcy Court, N.D. Illinois

Decided March 7, 1997No. 14-82264PublishedCited by 28 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING TRIAL OF COMMITTEE’S PREFERENCE CLAIM AGAINST DEFENDANT TRUE FITNESS TECHNOLOGY, INC.

JACK B. SCHMETTERER, Bankruptcy Judge.

The following Findings of Fact and Conclusions of Law are now made and entered following trial of a preference claim asserted by the Schwinn Plan Committee against Defendant True Fitness Technology, Inc. (the “Defendant” or “True Fitness”) and final argument presented by the parties in writing:

FINDINGS OF FACT

Background and Preference Payments

1. On October 7, 1992 (the “Petition Date”), Schwinn Bicycle Company and eight of…

2Cases cited45 opinions

  1. In the Matter of Thomas v. Cassidy, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
  2. Gorenstein Enterprises, Inc., Sam Gorenstein, and David Gorenstein v. Quality Care-Usa, Inc. And David A. ScheinmanCourt of Appeals for the Seventh Circuit · 1989
  3. In the Matter of Tolona Pizza Products Corporation, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
  4. In Re Craig Oil Company, Debtor. Marathon Oil Company v. William M. Flatau, TrusteeCourt of Appeals for the Eleventh Circuit · 1986
  5. Main Bank of Chicago v. BakerIllinois Supreme Court · 1981

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3Cited by28 opinions

  1. In Re Sentinel Management Group, Inc.United States Bankruptcy Court, N.D. Illinois · 2008
  2. Official Committee of Unsecured Creditors of Crystal Medical Products, Inc. v. Houpt (In Re Crystal Medical Products, Inc.)United States Bankruptcy Court, N.D. Illinois · 1999
  3. Rocin Liquidation Estate v. Alta AH & L (In Re Rocor International, Inc.)United States Bankruptcy Court, W.D. Oklahoma · 2006
  4. Savage & Associates, P.C. v. Level(3) Communications (In Re Teligent, Inc.)United States Bankruptcy Court, S.D. New York · 2004
  5. Phoenix Restaurant Group, Inc. v. Ajilon Professional Staffing LLC (In Re Phoenix Restaurant Group, Inc.)United States Bankruptcy Court, M.D. Tennessee · 2004

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