IN RE NAUDAIN, INC.

Bankruptcy No. 81-04333G, Adv. No. 82-1539G.

32 B.R. 871 (1983)

In re NAUDAIN, INC., formerly known as Brooks Shoe Manufacturing Company, Inc., et al., Debtors. BROOKS SHOE MANUFACTURING COMPANY, INC., Plaintiff, v. METROPOLITAN EDISON CO., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

September 9, 1983.


Attorney(s) appearing for the Case

Kathryn Heidt, Duane, Morris & Heckscher, Philadelphia, Pa., for plaintiff, Brooks Shoe Manufacturing Co., Inc.

Frederick L. Reigle, Ryan, Russell & McConaghy, Reading, Pa., for defendant, Metropolitan Edison Co.

Adelman Lavine Krasny Gold & Levin, Philadelphia, Pa., for the Creditors' Committee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether two checks paid by the debtor to the defendant are avoidable pursuant to section 547(b) of the Bankruptcy Code ("the Code"). Since all the elements necessary to constitute a preference under section 547(b) have been met and since the exceptions to the avoidance of preferential transfers contained in sections 547(c)(1) and 547(c)(2) are inapplicable in the instant case, we conclude...

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