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IN RE PINE SPRINGS FARM & CASINO, INC.

Bankruptcy No. 91-11911, Adv. No. 91-8002.

139 B.R. 90 (1992)

In re PINE SPRINGS FARM & CASINO, INC., Debtor. Paul BANNER, as Trustee of Pine Springs Farm & Casino, Inc., Plaintiff, v. S.S. PIERCE COMPANY, Defendant.

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

March 31, 1992.

Attorney(s) appearing for the Case

Ober, Kaler, Grimes & Shriver by Aaron R. Cahn, New York City, for debtor.

Robert O. Wilhelm, Clifton Park, N.Y., for defendant.

Paul Banner, Poughkeepsie, N.Y., Chapter 7 Trustee, plaintiff.

DECISION ON PREFERENCE-RECOVERY PERIOD FOR "OUTSIDE" CREDITOR-TRANSFEREE WHEN TRANSFER BENEFITS "INSIDE" CREDITOR

[11 U.S.C. § 547(b) and § 550(a)(1)]

JEREMIAH E. BERK, Bankruptcy Judge.

This is an adversary proceeding commenced by the former Chapter 11 Debtor ("Debtor"), now subsumed by the Chapter 7 Trustee ("Plaintiff"), seeking a determination that a prepetition execution and levy by creditor S.S. Pierce Company ("Defendant") constitutes...

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