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IN RE AFCO DEVELOPMENT CORP.

Bankruptcy No. 82C-00578, Civ. P. No. 85PC-0795.

65 B.R. 781 (1986)

In re AFCO DEVELOPMENT CORPORATION, Debtor. Frank K. STUART, Trustee, Plaintiff, v. James H. PINGREE and George A. Miller, Defendants.

United States Bankruptcy Court, D. Utah.

August 22, 1986.

Attorney(s) appearing for the Case

Roger G. Segal, Cohne, Rappaport & Segal, P.C., Salt Lake City, Utah, for plaintiff.

Lewis S. Livingston, Salt Lake City, Utah, for defendants.

GLEN E. CLARK, Bankruptcy Judge.

This matter came before the Court on the defendants' motion to dismiss the trustee's complaint to avoid an alleged preferential transfer from the debtor, Afco Development Corporation, to the defendants. The Court is called upon to decide whether a trustee appointed under Chapter 11 of the Bankruptcy Code, who is subsequently appointed to serve as Chapter 7 trustee upon conversion of the case, has two years after the date of his second...

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