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MATTER OF CASTLE TIRE CENTER, INC.

Bankruptcy No. 83-1914, Adv. No. 83-1540.

56 B.R. 180 (1986)

In the Matter of CASTLE TIRE CENTER, INC., Debtor. Stanley G. MAKOROFF, Trustee, Plaintiff, v. BUTLER TIRE CENTER, Butler Tire Mart, Discount Tire Mart, Inc., and Butler Tire Center, Inc., Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

January 6, 1986.

Attorney(s) appearing for the Case

Mark Glosser, Pittsburgh, Pa., for trustee.

John P. Vetica, Jr., Pittsburgh, Pa., for defendants.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

The matter presently before the Court is the Trustee's Complaint to Compel Turnover of Assets, Set Aside Fraudulent and/or Preferential Transfer, and to Compel Accounting. The issue before the Court is whether the Debtor's return of consigned goods to the consignor within ninety days before filing a bankruptcy petition constitutes a preferential transfer. For the reasons hereinafter set forth, the Court...

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