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IN RE RIVERSIDE SUPPLY, INC.

Bankruptcy No. 82-1920, Adv. No. 85-255.

58 B.R. 661 (1986)

In re RIVERSIDE SUPPLY, INC. d/b/a Pioneer Home Center, Debtor. James R. WALSH, Esquire, Trustee of the Bankruptcy Estate of Riverside Supply, Inc. d/b/a Pioneer Home Center, Plaintiff, v. Gary COBAUGH, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

January 13, 1986.

Attorney(s) appearing for the Case

James R. Walsh, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for plaintiff/trustee.

David J. Weaver, Glass & Weaver, Johnstown, Pa., for defendant.

MEMORANDUM OPINION

JOSEPH L. COSETTI, Bankruptcy Judge.

Presently before this Court is the Trustee's Motion for Summary Judgment and the Defendant's Cross-Motion for Summary Judgment. The legal issue is whether the Debtor's payment of the deposit to the Defendant constitutes a voidable preference, under § 547 of the Code. Based upon the character of the transaction in question, this Court finds that the Defendant's deposit did not constitute a loan...

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