IN RE MOLDED ACOUSTICAL PRODUCTS, INC.

No. 93-1154.

18 F.3d 217 (1994)

In re MOLDED ACOUSTICAL PRODUCTS, INC., Debtor. FIBER LITE CORPORATION, Appellant, v. MOLDED ACOUSTICAL PRODUCTS, INC., Appellee.

United States Court of Appeals, Third Circuit.

Decided March 11, 1994.


Attorney(s) appearing for the Case

Charles L. Phillips (Argued), Baskin, Leisawitz, Heller & Abramowitch, Wyomissing, PA, for Fiber Lite Corporation.

Charles M. Golden, Edmond M. George (Argued), David C. Shuter, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, PA, for Molded Acoustical Products, Inc.

Before: BECKER, NYGAARD, and ALITO, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

1. INTRODUCTION

When a debtor makes a payment to an ordinary unsecured creditor within 90 days before declaring bankruptcy, assuming that a number of other statutory elements are met, the payment will be stigmatized as an avoidable "preference." See 11 U.S.C.A. §§ 547(b), (f) (1993). If so, the debtor's estate will be able to recoup the payment, forcing the erstwhile preferred creditor...

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