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IN RE OUTLET DEPT. STORES, INC.

Bankruptcy No. 82 B 10153 (TLB), Adv. No. 85-5252A.

103 B.R. 471 (1989)

In re OUTLET DEPARTMENT STORES, INC., Debtor. Miriam TEITELBAUM, Trustee in Bankruptcy of Outlet Department Stores, Inc., d/b/a The Edward Malley Co., Plaintiff, v. STAFFORD PHASE CORP. d/b/a Phase Overseas Marketing, Defendant.

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

August 11, 1989.

Attorney(s) appearing for the Case

Teitelbaum, Braverman & Borges, Great Neck, N.Y. by J. Ted Donovan, for plaintiff/trustee.

Mishkin, O'Neil, New York City by Vito J. Cassan, for defendant.

DECISION ON MOTION FOR SUMMARY JUDGMENT

TINA L. BROZMAN, Bankruptcy Judge.

In this preference action seeking recovery of $11,317.32 of admitted preferences, the only issue is whether the ordinary course exception to recovery of a preference saves the transfers from avoidance.

Outlet Department Stores, Inc. (the Debtor) filed a voluntary Chapter 11 petition on January 25, 1982. The case was subsequently converted to a case under Chapter 7 of the Bankruptcy...

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