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IN RE KENVAL MARKETING CORP.

Bankruptcy No. 83-02723G.

40 B.R. 445 (1984)

In re KENVAL MARKETING CORPORATION, Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

May 31, 1984.

Attorney(s) appearing for the Case

Marvin Krasny, Adelman Lavine Krasny Gold & Levin, Philadelphia, Pa., for debtor, Kenval Marketing Corp.

Jay G. Ochroch, Shelley V. Sodomsky, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for Larry Waslow, Assignee for Benefit of Creditors.

Leonard J. Cook, Roger F. Wood, Dilworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., for petitioning creditors, Churny Co., Inc., Cher-Make Sausage Co. and D.S. Stauffer Biscuit Co., Inc.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge.

The question before the bench is whether we should grant a motion filed by the debtor, in which the assignee for the benefit of creditors joins,1 to vacate our recent order granting relief on an involuntary petition against said debtor. The motion is predicated, in part, on the assignee's allegation that the trustee will not be able to assert successfully the preference avoiding powers...

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