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IN RE D.J. MANAGEMENT GROUP, INC.

Bankruptcy No. 90-11724 K. Adv. No. 93-1069 K.

164 B.R. 831 (1994)

In re D.J. MANAGEMENT GROUP, INC., Debtor. Mark S. WALLACH, Trustee, Plaintiff, v. VULCAN STEAM FORGING CO., INC., Defendant.

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

March 9, 1994.

Attorney(s) appearing for the Case

William R. Crowe, Penney, Maier, Mandel, Wallach & Crowe, Buffalo, for plaintiff Mark S. Wallach, Trustee.

Mark J. Schlant, Zdarsky, Sawicki & Agostinelli, Buffalo, for defendant Vulcan Steam Forging Co., Inc.

DECISION AFTER TRIAL

MICHAEL J. KAPLAN, Chief Judge.

1. Background

This is a core proceeding under 28 U.S.C. § 157(b)(2)(F) wherein a Chapter 7 Trustee seeks to recover preferential payments to a trade supplier under 11 U.S.C. § 547. The Debtor filed a petition under Chapter 11 of the Bankruptcy Code on June 8, 1990, and converted to Chapter 7 on June 25, 1992. During the 90 days preceding the filing of the Chapter 11 Petition...

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