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IN RE CARDULLO

Bankruptcy No. 88-00856-AB, Adv. No. 91-1289-AB.

142 B.R. 138 (1992)

In re Mario W. CARDULLO and Karen M. Cardullo, Debtors. Mario W. CARDULLO and Karen M. Cardullo, Plaintiffs, v. DWYER MECHANICAL CORPORATION, now William Dwyer Properties, Ltd., Defendant.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

July 8, 1992.

Attorney(s) appearing for the Case

Alan Rosenblum, Rosenblum and Rosenblum, Alexandria, Va., for plaintiffs.

Gerald M. O'Donnell, Alexandria, Va., for defendant.

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Chief Judge.

The issue before the Court is whether the two year statute of limitations set forth in 11 U.S.C. § 546(a)(1) applies to a preference action brought by a debtor-in-possession. For the reasons stated herein, we hold that it does not.

On April 28, 1988, Mario W. Cardullo and Karen M. Cardullo (collectively, the "Debtors") filed a voluntary petition under Chapter 11 of the Bankruptcy Code...

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