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IN RE KENVAL MARKETING CORP.

Bankruptcy No. 83-02723F, Adv. No. 86-1240F.

69 B.R. 922 (1987)

In re KENVAL MARKETING CORPORATION, Debtor. Fred ZIMMERMAN, Trustee, Plaintiff, v. FREM CORPORATION, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 11, 1987.

Attorney(s) appearing for the Case

Leon S. Forman, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for trustee/plaintiff, Fred Zimmerman.

Martin J. Aronstein, Morgan, Lewis & Bockius, Philadelphia, Pa., for defendant, Frem Corp.

OPINION

BRUCE FOX, Bankruptcy Judge:

This is an action by a trustee in a chapter 11 case to set aside a prepetition transfer pursuant to 11 U.S.C. § 544(b). The defendant has moved to dismiss the complaint pursuant to Bankr.Rule 7012 and Fed.R. Civ.P. 12(b)(6). The issue before me is whether a bankruptcy trustee may maintain an action, pursuant to section 544(b), to avoid a prepetition transfer which is allegedly preferential under applicable state...

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