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IN RE MILLER'S AUTO SUPPLIES, INC.

Bankruptcy No. 84-02233K, Adv. No. 86-0148S.

75 B.R. 676 (1987)

In re MILLER'S AUTO SUPPLIES, INC. Debtor. Max SCHWARTZ, Trustee, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

July 13, 1987.

Attorney(s) appearing for the Case

David Fishbone, Philadelphia, Pa., for plaintiff/trustee.

Prince Atlee Thomas, Deputy Atty. Gen., Com. of Pa., Philadelphia, Pa., for defendant.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

The matter before the Court is an adversarial proceeding in which the Trustee for the Debtor, Miller's Auto Supplies, Inc., seeks to avoid certain payments made to the Commonwealth of Pennsylvania, Department of Revenue (hereinafter referred to as "the Commonwealth") by the Debtor as preferential transfers pursuant to 11 U.S.C. § 547. The precise issue we must decide is whether monies collected for retail sales...

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