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IN RE KAELIN ASSOCIATES ELEC. CONST., INC.

Bankruptcy No. 81-00441F, Adv. No. 86-1301F.

70 B.R. 412 (1987)

In re KAELIN ASSOCIATES ELECTRICAL CONSTRUCTION, INC., Debtor. Fred W. ZIMMERMAN, Trustee, Plaintiff, v. NATIONAL ELECTRICAL BENEFIT FUND and I.B.E.W. Local Union 98, and Board of Trustees National Electrical Benefit Fund, and Fidelity Bank, Corporate Trustee, and I.B.E.W. Local Union 98 Electrical Benefit Fund, and Trustee of I.B.E.W. Local Union 98 Electrical Benefit Fund, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

February 20, 1987.

Attorney(s) appearing for the Case

Peter C. Cilio, Matthew D'Annunzio, Rubin, Quinn & Moss, Philadelphia, Pa., for plaintiff/trustee, Fred Zimmerman.

Michael G. Neri, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for defendants.

OPINION

BRUCE FOX, Bankruptcy Judge:

The narrow issues before me stem from a motion to dismiss filed by defendants in response to a complaint to recover allegedly preferential transfers. For purposes of this motion, the relevant facts are not in dispute.

On February 9, 1981, the debtor filed a voluntary bankruptcy petition under chapter 11 and operated its business as debtor in possession. 11 U.S.C. § 1107. The case was converted to chapter...

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