Richard Schwinn ran Waterford Precision Cycles out of the same plant schwinn dealers in southeastern Wisconsin previously owned by his family.
Putting all company efforts towards bicycles, he succeeded in developing a low-cost model that brought Schwinn recognition as an innovative company, as well as a product that would continue to sell during the inevitable downturns in business cycles. After traveling to Europe to get ideas, F. W. Schwinn returned to Chicago and in 1933 introduced the Schwinn schwinn beach cruiser B-10E Motorbike, actually a youth’s bicycle designed to imitate a motorcycle. This evidence consisted of the testimony of Mr. Gary Thorholm, Schwinn Bicycle Co.’s former Manager of Treasury, and Mr. David Bart of The Grabscheid Group, the Committee’s trial exhibits, and evidence leading to the Findings contained in the Common Issues Opinion.
There are necked-down parts that fit into the top tube and down tube, like internal lugs. Based on the foregoing, the Defendant argues that the Debtors must be treated as a consolidated entity in determining the extent of new value advanced by True Fitness. As earlier found, such a determination would reduce True Fitness’s preference liability from $313,357.73 to $60,552.36; otherwise the reduction is only to $107,152.76. In accordance with the Letter Agreement, True Fitness invoiced the Debtors on terms requiring payment within 30 days. 8, p. 43 (lines 4-7). Prior to the Preference Period, the Debtors did not pay True Fitness within 30 days.
The jury found that the location restriction violated ยง1, and treble damages were assessed against respondent. Concludingthat Schwinn was distinguishable, the Court of Appealsreversed, holding that respondent’s location restriction had lesspotential for competitive harm than the restrictions invalidated inSchwinn, and thus should be judged under the “rule ofreason.” The remaining question is what interest rate is appropriate.
By 1957, the Paramount series, once a premier racing bicycle, had atrophied from a lack of attention and modernization. Aside from some new frame lug designs, the designs, methods and tooling were the same as had been used in the 1930s. After a crash-course in new frame-building techniques and derailleur technology, Schwinn introduced an updated Paramount with Reynolds 531 double-butted tubing, Nervex lugsets and bottom bracket shells, as well as Campagnolo derailleur dropouts. The Paramount continued as a limited production model, built in small numbers in a small apportioned area of the old Chicago assembly factory. The new frame and component technology incorporated in the Paramount largely failed to reach Schwinn’s mass-market bicycle lines. In 1963 following the death of F.
Steege v. Affiliated Bank/North Shore National (In re Alper-Richman Furs, Ltd.), 147 B.R. 17 (Bankr.N.D.Ill. 1992); Chaitman, 62 B.R. Further, post-petition extensions of unsecured credit to the debtor are not encompassed by Bankruptcy Code ยง 547(c)(4) and may not be set off against prior preferential transfers to reduce the creditor’s preference exposure.