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IN RE SCIONTI

Bankruptcy No. 82-01439-JG, Adv. No. A83-0018-JG.

40 B.R. 947 (1984)

In re Jerome F. SCIONTI, d/b/a Jerome's Italian Cuisine, Debtor. Thomas A. HICKEY, Trustee, Plaintiff, v. FIRESIDE INN MOTEL, INC., Defendant.

United States Bankruptcy Court, D. Massachusetts.

August 3, 1984.

Attorney(s) appearing for the Case

Thomas A. Hickey, Trustee, Barron & Stadfeld, Boston, Mass., for plaintiff.

Dennis I. Greene, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Boston, Mass., for defendant.

MEMORANDUM

JAMES N. GABRIEL, Bankruptcy Judge.

The Chapter 7 Trustee, seeks to recover a $10,000 security deposit from the defendant, the debtor's landlord, Fireside Inn Motel, Inc. The complaint alleges that the landlord's application of the deposit within ninety days of the filing of the bankruptcy petition to satisfy antecedent rent arrearages was a preferential transfer under 11 U.S.C. 547.

The defendant landlord moved to dismiss the complaint...

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