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MATTER OF CARO PRODUCTS, INC.

Bankruptcy No. 79-03440, Adv. No. 80-1632.

23 B.R. 245 (1982)

In the Matter of CARO PRODUCTS, INC., Debtor. Robert HERTZBERG, Trustee to Caro Products, Inc., Plaintiff, v. H. HIRSCHFIELD & SONS, INC., Defendant.

United States Bankruptcy Court, E.D. Michigan, S.D.

September 29, 1982.

Attorney(s) appearing for the Case

John D. Huige, John Bellaver, Hertzberg, Jacob & Weingarten, P.C., Detroit, Mich., for plaintiff.

Susan M. Cook, Isackson, Neering & Quinn, P.C., Bay City, Mich., for defendant.

MEMORANDUM OPINION

RAY REYNOLDS GRAVES, Bankruptcy Judge.

The questions presented by this adversary proceeding are: (1) Whether Section 547(b) of the Bankruptcy Reform Act of 1978, 11 U.S.C. § 547(b), operates to deprive a creditor of property without due process in violation of the Fifth Amendment to the United States Constitution when the creditor's property interest arose subsequent to the enactment of the Act, but prior to the effective date thereof...

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