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IN RE SHEA

Bankruptcy Nos. 80-21301, 81-2249A.

15 B.R. 822 (1981)

In re Kathleen A. SHEA, Debtor. Warren H. HEILBRONNER, Plaintiff, v. The COMMUNITY SAVINGS BANK, Defendant.

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

December 11, 1981.

Attorney(s) appearing for the Case

Warren H. Heilbronner, Rochester, N.Y., Trustee, for debtor.

David A. Sprentall, Rochester, N.Y., for defendant.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The trustee in this matter has commenced an action against the defendant bank to set aside a preference under 11 U.S.C. § 547. The defendant bank, hereinafter referred to as "Community", raised a question of the trustee's standing to bring the action because of the delay in commencing the action. The facts which were stipulated are set forth below.

Kathleen Shea, debtor herein, filed...

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