IN RE ANTHONY SICARI, INC.

Bankruptcy No. 90-31355, Adv. No. 91-7056.

144 B.R. 656 (1992)

In re ANTHONY SICARI, INC., Debtor. Mitchell SHRON, as Trustee of Anthony Sicari, Inc., Plaintiff, v. M & G PROMO SERVICE, LTD., Mario Matarrese, and Louise Matarrese, Defendants.

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

September 3, 1992.


Attorney(s) appearing for the Case

Klein & Genova, Newburgh, N.Y. by Thomas Genova, for debtor.

McCabe & Mack, Poughkeepsie, N.Y. by Richard DuVall, for defendants-movants.

Mitchell Shron, Chapter 7 Trustee.


DECISION ON "UNDERTAKING" AS A PREFERENTIAL TRANSFER

[11 U.S.C. § 547(b)]

JEREMIAH E. BERK, Bankruptcy Judge.

The former Chapter 11 Debtor, Anthony Sicari, Inc. ("Debtor"), commenced an adversary proceeding seeking to recover a $240,000.00 pre-petition transfer to M & G Promo Service, Ltd., Mario Matarrese, and Louise Matarrese ("Defendants") as an avoidable preferential transfer pursuant to Section 547(b) of the Bankruptcy Code ("Code...

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