IN RE NAUDAIN, INC.

Bankruptcy No. 81-04333G, Adv. No. 82-3067G.

32 B.R. 875 (1983)

In re NAUDAIN, INC., formerly known as Brooks Shoe Manufacturing Company, Inc., et al. Debtors. NAUDAIN, INC., formerly known as Brooks Shoe Manufacturing Company, Inc., Plaintiff, v. SCHAAD DETECTIVE AGENCY, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

September 9, 1983.


Attorney(s) appearing for the Case

Margery N. Reed, Duane, Morris & Heckscher, Philadelphia, Pa., for debtor/plaintiff, Naudain, Inc., formerly known as Brooks Shoe Manufacturing Co.

L.C. Heim, Dell Alba, Heim & LeCates, York, Pa., for defendant, Schaad Detective Agency.

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


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented herein is whether certain check payments made by the debtor to the defendant were made "not later than 45 days" after the debts were incurred in order to fall within the exception to the trustee's avoidance powers contained in section 547(c)(2) of the Bankruptcy Code ("the Code"). We conclude that the payments in question are avoidable pursuant to section 547(b) of the Code because the said...

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