IN RE BUFFALO AUTO GLASS

Bankruptcy No. 94-10332 K. Adv. No. 94-1269 K.

187 B.R. 451 (1995)

In re BUFFALO AUTO GLASS, Debtor. Mark J. SCHLANT, Plaintiff, v. Joan G. SCHUELER, Defendant.

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

September 18, 1995.


Attorney(s) appearing for the Case

Mark J. Schlant, Zdarsky, Sawicki & Agostinelli, Buffalo, New York, for Plaintiff.

Matthew B. Herdzik, Jr., West Seneca, New York, for Defendant.


MICHAEL J. KAPLAN, Chief Judge.

These reciprocal motions for summary judgment raise the issue of whether a principal of a corporation who is an owner, officer, director and employee of that corporation who elected to forgo her usual pay in favor of repayments of loans she had extended to the corporation, must disgorge such repayments as voidable preferences under 11 U.S.C. § 547, when the corporation subsequently becomes a debtor under the Bankruptcy Code.

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