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IN RE AUSTIN DRIVEWAY SERVICES, INC.

Bankruptcy No. 90-52173. Adv. No. 93-5087. Docket Id. No. 48.

179 B.R. 390 (1995)

In re AUSTIN DRIVEWAY SERVICES, INC., Debtor. Richard M. COAN, Trustee, Plaintiff, v. O & G INDUSTRIES, INC., Defendant.

United States Bankruptcy Court, D. Connecticut.

March 10, 1995.

Attorney(s) appearing for the Case

Christopher M. Royston, Coan, Lewendon and Royston, New Haven, CT, for plaintiff.

Scott M. Schwartz, Blume, Elbaum & Collins, West Hartford, CT, for defendant.

MEMORANDUM AND ORDER ON MOTION FOR LEAVE TO AMEND COMPLAINT

ALAN H.W. SHIFF, Bankruptcy Judge.

The plaintiff seeks leave to file an amended complaint to avoid an alleged preferential transfer which was not challenged in the original complaint. Because the proposed amendment challenges a distinct transaction, I conclude that it does not relate back to the filing of the original complaint and is therefore time barred by § 546(a)(1).

BACKGROUND...

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