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IN RE J.E. JENNINGS, INC.

Bankruptcy No. 83-03251K, Adv. No. 84-0883K.

46 B.R. 167 (1985)

In re J.E. JENNINGS, INC. d/b/a Kids Point of View (J.E. Jennings of Florida, Inc. d/b/a Kids Point of View—Bankruptcy No. 83-03256K consolidated with this case), Debtor. J.E. JENNINGS, INC., etc., Plaintiff, v. WILLIAM CARTER CO., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 8, 1985.

Attorney(s) appearing for the Case

Christopher Kuhn, Philadelphia, Pa., to debtor.

Leon Forman, Philadelphia, Pa., to defendant William Carter Co.

James Adelman, Philadelphia, Pa., to Creditors' Committee.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

The issue before the Court is the defendant's motion for judgment on the pleadings or for summary judgment in a suit brought by the debtors to recover a preferential transfer. The defendant argues that a preference action cannot be litigated after a Chapter 11 plan has been confirmed, and therefore, the complaint should be dismissed as a matter of law. For the reasons stated herein, we will deny the motion...

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