IN RE PENN PACKING CO.

Bankruptcy No. 83-04358G, Adv. No. 84-0584G.

42 B.R. 502 (1984)

In re PENN PACKING COMPANY, Debtor. Leo F. DOYLE, Trustee, Plaintiff, v. Martin LIPOFF, Lawrence Lipoff, Steven Lipoff, Butler Foods, Inc., David Fingerman and Isabelle Fingerman, individually, jointly and as husband and wife, Ernest Milou and Pearl Milou, individually, jointly and as husband and wife, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

August 29, 1984.


Attorney(s) appearing for the Case

Michael A. Bloom, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for plaintiff/trustee, Leo F. Doyle.

Tom P. Monteverde, William M. Shields, Monteverde, Hemphill, Maschmeyer & Obert, Philadelphia, Pa., for the defendants, Martin Lipoff, Lawrence Lipoff, Steven Lipoff, and Butler Foods, Inc.

Robert A. Prentice, Joseph S.U. Bodoff, Pincus, Verlin, Hahn, Reich & Goldstein, P.C., Philadelphia, Pa., for defendants, David Fingerman and Isabelle Fingerman, Individually and jointly and husband and wife, and Ernest Milou and Pearl Milou, individually, jointly and his wife.

Nicholas J. LePore, III, Philadelphia, Pa., for debtor, Penn Packing Co.


OPINION

EMIL F. GOLDHABER, Chief Judge:

Before us is the trustee's complaint for the avoidance of certain alleged fraudulent transfers and the subordination of certain debts. The issue presently confronting us is whether we should grant a motion filed by several of the defendants for an order dismissing three of the trustee's four causes of action. For the reasons stated herein we will deny the motion.

To the extent pertinent to the motion before...

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