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IN RE BAUMGOLD BROS., INC.

Bankruptcy No. 85-B-11208 (HCB), Adv. No. 88-5019A.

103 B.R. 436 (1989)

In re BAUMGOLD BROS., INC., Debtor. Dorothy EISENBERG, Trustee of the Estate of Baumgold Bros., Inc., Debtor, Plaintiff, v. O. CENSOR & CO., INC., Defendant.

United States Bankruptcy Court, S.D. New York.

July 6, 1989.

Attorney(s) appearing for the Case

Shaw, Licitra, Eisenberg, Esernio & Schwartz, P.C., Garden City, N.Y. (Joseph Sferrazza, of counsel), for plaintiff.

Judah Dick, Brooklyn, N.Y., for defendant.

DECISION

HOWARD C. BUSCHMAN, III, Bankruptcy Judge.

This adversary proceeding presents the difficult task of interpreting the "new value" defense to a preference action.

Plaintiff, trustee of the estate of Baumgold Bros., Inc. (the debtor), by this adversary proceeding, seeks to avoid and recover, pursuant to §§ 547(b) and 550 of the Bankruptcy Code, 11 U.S.C. §§ 547(b), 550 (1986), certain preferential transfers made by the debtor...

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