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IN RE AUSTIN TRUCK RENTAL, INC.

Bankruptcy No. 92-20452SR. Adv. No. 93-0546.

177 B.R. 827 (1995)

In re AUSTIN TRUCK RENTAL, INC., Debtor. Edward M. MAZZE, Trustee, Plaintiff, v. WILMINGTON SAVINGS FUND SOCIETY, F.S.B. a/k/a WSFS, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

February 9, 1995.

Attorney(s) appearing for the Case

Alan M. Rosen, Michael J. Cordone, Klehr, Harrison, Harvey, Branzburg & Ellers, Philadelphia, PA, for Wilmington Sav. Fund Soc., F.S.B.

John A. Wetzel, Jeffrey L. Goodman, Swartz, Campbell & Detweiler, Philadelphia, PA, for Chapter 7 trustee.

Frederic J. Baker, U.S. Trustee, Philadelphia, PA.

OPINION

STEPHEN RASLAVICH, Bankruptcy Judge.

This is an action in which the trustee has sued Wilmington Savings Fund Society, F.S.B. ("WSFS") to recover alleged preferential transfers made to it by the Debtor, Austin Truck Rental, Inc. ("the Debtor"). The proceeding is before the Court upon a motion to dismiss filed by WSFS. WSFS contends this adversary proceeding must be dismissed because the limitations period set forth in 11 U.S.C. § 546(a...

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