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IN RE O'NEIL

Bankruptcy No. 94-B-40442(CB). Adv. No. 94-8344A.

177 B.R. 809 (1995)

In re Stephen E. O'NEIL, Debtor. Stephen E. O'NEIL, Plaintiff, v. UNITED STATES of America, DEPARTMENT OF INTERNAL REVENUE, Defendant.

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

February 2, 1995.

Attorney(s) appearing for the Case

Robinson, Borg, Leinwand, Reich, Genovese & Gluck, P.C. by Robert R. Leinwand, Joel M. Shafferman, New York City, for Stephen E. O'Neil.

Deborah Y. Yeoh, Asst. U.S. Atty., New York City, for U.S., Dept. of Internal Revenue.

MEMORANDUM DECISION ON MOTION TO DISMISS AND CROSS-SUMMARY JUDGMENT MOTION ON AN ACTION TO AVOID PREFERENTIAL TRANSFER

CORNELIUS BLACKSHEAR, Bankruptcy Judge.

The Internal Revenue Service ("I.R.S.") moved to dismiss, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure ("Fed. R.Civ.P.") and Rule 7012 of the Federal Rules of Bankruptcy Procedure ("Bankruptcy Rules"), the adversary proceeding filed by Stephen E. O'Neil (the "Debtor...

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