IN RE STOP-N-GO OF ELMIRA, INC.

Bankruptcy Nos. 79-327, 80-164A.

23 B.R. 733 (1982)

In re STOP-N-GO OF ELMIRA, INC., Debtor. John B. LAWLESS, as Trustee of Stop-N-Go of Elmira, Inc., Plaintiff, v. STOP-N-GO FOODS, INC., Defendant.

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

October 20, 1982.


Attorney(s) appearing for the Case

Lacy, Katzen, Ryen & Mittleman by Peter T. Rodgers, David D. MacKnight, Rochester, N.Y., for plaintiff.

Block, Colucci, Callanan, Crangle & Stachowiak by Anthony J. Colucci, Buffalo, N.Y., for defendant.


MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

This is an action by the trustee in bankruptcy to recover some $62,180.83 paid to the defendant by the debtor within four months prior to the filing of the petition in bankruptcy. The first cause of action is for a preference under § 60 of the Bankruptcy Act. The second cause of action is to recover the fraudulent transfer under § 67(d) of the Bankruptcy Act. The case has been pretried...

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