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IN RE PM-II ASSOCIATES, INC.

Bankruptcy No. 2-85-04110, Adv. No. 2-88-0054.

100 B.R. 940 (1989)

In re PM-II ASSOCIATES, INC., Debtor. Allen W. MURRAY, Trustee for PM-II Associates, Inc., Plaintiff, v. Mary Ellen WITHROW, in her capacity as Treasurer, State of Ohio, et al., Defendants.

United States Bankruptcy Court, S.D. Ohio, E.D.

May 17, 1989.

Attorney(s) appearing for the Case

R.P. Cunningham, Arter and Hadden, Columbus, Ohio, for plaintiff.

Shawn H. Nau, Columbus, Ohio, for defendants.

OPINION AND ORDER DENYING MOTION TO DISMISS

DONALD E. CALHOUN, Jr., Bankruptcy Judge.

This adversary proceeding presents the issue of whether a trustee appointed in a Chapter 11 proceeding can recover a payment by the debtor to the State of Ohio as a preferential transfer pursuant to 11 U.S.C. § 547. Resolution of this question requires a determination of whether 11 U.S.C. § 106 applies to the State in this situation and an examination of the elements...

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