IN RE ARDMORE SALES CO., INC.

Bankruptcy No. 81-03421G, Adv. No. 82-0170G.

22 B.R. 911 (1982)

In re ARDMORE SALES CO., INC. t/a Tem-Tee Nuts, Debtor. ARDMORE SALES CO., INC. t/a Tem-Tee Nuts, Plaintiff, v. THICO PLAN, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

September 8, 1982.


Attorney(s) appearing for the Case

Rudolph J. DiMassa, Jr., Duane, Morris & Heckscher, Philadelphia, Pa., for debtor/plaintiff, Ardmore Sales Co., Inc. t/a Tem-Tee Nuts.

Charles M. Golden, Daniels, Golden & Seitz, Philadelphia, Pa., for defendant, Thico Plan, Inc.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether a payment by a debtor of a check, drawn, presented for collection and honored outside of the 90 day period immediately preceding the date of the filing of the debtor's petition for relief, the amount of which check was allegedly subject to a final audit to be made within the 90 day period, constitutes a voidable preference within the meaning...

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