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IN RE ORIGINAL AUTO PARTS DISTRIBUTORS

Bankruptcy No. 80 B 20282, Adv. No. 81 Adv. 6001.

9 B.R. 469 (1981)

In re ORIGINAL AUTO PARTS DISTRIBUTORS, INC. also trading as Original Auto Parts, Debtor.

United States Bankruptcy Court, S.D. New York.

March 12, 1981.

Attorney(s) appearing for the Case

Dan Brecher, New York City, for plaintiff.

Hahn & Hessen, New York City, for Official Creditors' Committee.

Leinwand, Maron, Hendler & Krause, New York City, for debtor-defendant.

DECISION ON COMPLAINT OF TR-3 CHEMICAL CORPORATION RE RECLAMATION OF GOODS.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The determination of this controversy hinges upon whether or not a seller's demand for reclamation of goods sold to a debtor must always be made in writing before ten days after receipt of the goods by the debtor. In this case, the seller did not learn of the debtor's insolvency until more than ten days after receipt of the goods.

The...

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