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IN RE ENERGY SAVING CENTER, INC.

Bankruptcy No. 82-05070G, Adv. No. 82-3480G.

43 B.R. 724 (1984)

In re ENERGY SAVING CENTER, INC., Debtor. Leo Francis DOYLE, trustee of the estate of Energy Saving Center, Inc., Plaintiff, v. Louis DiPAOLINO, Jr., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

November 2, 1984.

Attorney(s) appearing for the Case

Henry Wessel, Wessel & Carpel, Philadelphia, Pa., for trustee/plaintiff, Leo Francis Doyle.

Leo Francis Doyle, Philadelphia, Pa., Trustee/plaintiff.

Kenneth S. Shapiro, William Shapiro, P.C., Bala Cynwyd, Pa., for defendant, Louis DiPaolino, Jr.

Howard S. Klein, Media, Pa., for debtor.

OPINION

EMIL F. GOLDHABER, Chief Judge.

The question before us is whether we should grant a trustee's motion for summary judgment in this proceeding against a lessor to avoid a transfer pursuant to section 547(b) of the Code. Because we conclude that there are material issues of fact regarding the existence of the necessary elements for a voidable preference, we will deny the motion.

The facts of the case...

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