IN RE A.J. LANE & CO., INC.

Bankruptcy Nos. 89-40268-JFQ to 89-40270-JFQ and 89-40387-JFQ. Adv. No. 92-4081.

164 B.R. 409 (1994)

In re A.J. LANE & CO., INC., Lane Homes, Inc., Lane Management, Inc., Indian Hill Associates, Inc., Debtors. Stanley MILLER, Trustee, Plaintiff, v. PERINI CORPORATION, Defendant.

United States Bankruptcy Court, D. Massachusetts.

February 18, 1994.


Attorney(s) appearing for the Case

David Madoff, Cohn, Roitman & Kelakos, Boston, MA, for Stanley Miller, Trustee.

James C. Gross, Klieman, Lyons, Schindler, Gross & Pabian, Boston, MA, for Perini Corp.


OPINION

JAMES F. QUEENAN, Jr., Chief Judge.

This is a preference action. The principal issue raised is whether a pattern of late payments following dunning calls places the payments "in the ordinary course of business . . . of the debtor and the transferee," within the meaning of section 547(c)(2)(B) of the Bankruptcy Code. Stanley Miller (the "Trustee"), as trustee of the bankruptcy estate of A.J. Lane & Co., Inc. ("Lane, Inc."), brings the action...

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