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IN RE ENERGY SAV. CENTER, INC.

Bankruptcy No. 82-05070G, Adv. No. 82-03480G.

54 B.R. 100 (1985)

In re ENERGY SAVINGS CENTER, INC., Debtor. Leo Francis DOYLE, Trustee For the Estate of Energy Savings Center, Inc., Plaintiff, v. Louis D. PAOLINO, Jr., Defendant, v. Norman COUNCIL, Third Party Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

October 22, 1985.

Attorney(s) appearing for the Case

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

Kenneth S. Shapiro, James C. Kitch, Bala Cynwyd, Pa., for defendant, Louis D. Paolino, Jr.

William Schroeder, Philadelphia, Pa., for Norman A. Council, third party defendant.

Howard S. Klein, Media, Pa., for debtor, Energy Sav. Center, Inc.

Leo Francis Doyle, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Chief Judge:

The nub of the factual dispute before us, for purposes of avoidance of a transfer under 11 U.S.C. §§ 547(b) and 548(a) of the Bankruptcy Code ("the Code"), is whether the debtor, rather than one of its principals, was the lessee under a lease of realty when the lease was signed by the principal. For the reasons outlined below, we find that the lease ran between the landlord and the principal and that avoidance...

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