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IN RE RUGGERI ELEC. CONTRACTING, INC.

Bankruptcy No. 93-49180-R. Adv. No. 95-4059-R.

199 B.R. 903 (1996)

In re RUGGERI ELECTRICAL CONTRACTING, INC., Debtor. UNITED STATES of America, Plaintiff/Counter-Defendant, v. Paul BOROCK, Trustee, Defendant/Counter-Plaintiff.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

August 21, 1996.

Attorney(s) appearing for the Case

Karen Smith, Department of Justice, Washington, DC, for Plaintiff.

Timothy Miller, Detroit, Michigan, for Trustee.

Robert Gordon, Southfield, MI, for all other Defendants.

OPINION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT ON COUNTER-CLAIM

STEVEN W. RHODES, Chief Judge.

The question presented is whether a pre-petition levy by the Internal Revenue Service on funds in the debtor's bank account constitutes a transfer of an interest of the debtor in property and is therefore avoidable as a preference under 11 U.S.C. § 547(b). The government argues the funds in the debtor's bank account were held in trust for its...

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