In Schwinn Bicycle the estates were substantively consolidated; during a subsequent trial on the issue of the debtors’ insolvency during the preference period, the estate representative proved insolvency on a consolidated basis. The Defendant’s argument here that an order of substantive consolidation can affect the manner in which the Defendant and the Debtors conducted business during the Preference Period is likewise misplaced. The Bankruptcy Code looks to events during the preference period, and has no room for some metaphysical transmutation of the corporate nature of parties during that period by the stroke of a judicial pen after a bankruptcy case is filed.
Make vacation last all summer with relaxing rides on a new cruiser. Made for maximum comfort and colorful looks, these bikes bring some chill to warm-weather rides. This summer, take the trail less schwinn dealers traveled. Mountain bikes are a great way for the adventurous to take their ride off the pavement and into the great outdoors. Find all your favorite Schwinn products at the retailers listed below.
See Findings, Nos. 29-34, infra. Stallings testified that True Fitness did not compete in the lower end of the treadmill market and had only one competitor in the high-end market, to-wit, Precor. Stallings also testified that both True Fitness and Precor required payment from their respective dealers within 30 days. Stallings further testified that True Fitness is usually not paid by its dealers within the 30-day time frame. Instead, payment is normally made 30 to 45 days after invoicing. True Fitness’s only plant was at all times mentioned here located in O’Fallon, Missouri.
77 (line 5); p. 78 (lines 12-21); p. 79 (lines 10-22); p. 81 (lines 1-10). Stallings further admitted that he did not review any Precor dealers’ records regarding their payment practices relating to Precor. Stallings Tr., p. 89 (lines 6-10). Nor did Stallings ever have any discussions about the payment practices of Precor’s customers with any representative of Precor. Stallings Tr., p. 90 (lines 4-7). By the mid-1970s, competition from lightweight and feature-rich imported bikes was making strong inroads in the budget-priced and beginners’ market.
According to Lamar, Stallings periodically called him prior to and during the Preference Period to inquire about the status of Schwinn’s financial condition. 8, p. 32 (line 1); p. 33 (line 8). Lamar provided Stallings with as much information as he knew, such that Schwinn was attempting to secure an infusion of investment capital. Id. at p. 37 (line 15)-p. 38 (line 1); p. 39 (lines 5-15).
Most Schwinn bikes will feature a head badge or plate that identifies them as a Schwinn. This badge varied in style, depending on schwinn beach cruiser the style of bike and the year it was made. However, if you see the Schwinn name on the badge, it’s probably a Schwinn bike.