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IN RE MILL STREET, INC.

BAP No. NC-87-1974-PVR, Bankruptcy No. 1-86-01099, Adv. No. 1-86-0217.

96 B.R. 268 (1989)

In re MILL STREET, INC., Debtor. COMMERCIAL RECOVERY, INC., Appellant, v. MILL STREET, INC., Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided January 31, 1989.

Attorney(s) appearing for the Case

Harold B. Auerbach, Auerbach & Dauphin, Inc., San Francisco, Cal., for appellant.

Michael C. Fallon, Santa Rosa, Cal., for appellee.

Before PERRIS, VOLINN and RUSSELL, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge:

The debtor-in-possession/appellee, Mill Street, Inc. ("debtor" or "Mill Street") brought an adversary proceeding to recover a preferential transfer from defendant/appellant, Commercial Recovery, Inc. ("CRI"), a collection agency that had collected a debt owed by debtor to U.S. Plywood ("Plywood"). On debtor's motion for summary judgment, the bankruptcy court determined that debtor could recover from CRI the amount that CRI...

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