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IN RE CONCO BLDG. SUPPLIES, INC.

BAP No. CC-88-1901 MoVJ, Bankruptcy No. SA 82-04309 JB, Adv. No. SA 86-0454 JB.

102 B.R. 190 (1989)

In re CONCO BUILDING SUPPLIES, INC., Debtor. John J. KROH, Trustee, Plaintiff/Appellant, v. T.R.M. MFG., Defendant/Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided July 31, 1989.

Attorney(s) appearing for the Case

William M. Burd, Santa Ana, Cal., for plaintiff/appellant.

Eric T. Smith, Santa Ana, Cal., for defendant/appellee.

Before MOOREMAN, VOLINN and JONES, Bankruptcy Judges.

OPINION

MOOREMAN, Bankruptcy Judge:

This appeal arises from the bankruptcy court's dismissal of the appellant's complaint which sought to recover $20,000 as a preferential transfer pursuant to 11 U.S.C. § 547. The bankruptcy court concluded that the two-year time limitation for filing such actions had passed and, therefore, the complaint was untimely under § 546(a)(1). We reverse.

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