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  5. 195 B.R. 536 (1996)
 

IN RE PSYCHOTHERAPY AND COUNSELING CENTER, INC.

Bankruptcy No. 94-005. Adv. No. 95-53.

195 B.R. 536 (1996)

In re PSYCHOTHERAPY AND COUNSELING CENTER, INC., Debtor. PSYCHOTHERAPY AND COUNSELING CENTER, INC., Plaintiff, v. Donna SHALALA, Secretary Dept. of Health and Human Services, Defendant.

United States Bankruptcy Court, District of Columbia.

May 15, 1996.

Attorney(s) appearing for the Case

William Douglas White, Filippo Zucchi, Lepon, McCarthy, White & Holzworth, Washington, DC, for Plaintiff.

Stacey M. Ludwig, Asst. U.S. Atty., Washington, DC, for Defendant.

DECISION ON MOTION TO DISMISS

S. MARTIN TEEL, Jr., Bankruptcy Judge.

This matter is before the court on the motion to dismiss filed by the defendant, Donna Shalala, Secretary of the Department of Health and Human Services ("HHS"). For reasons explained below, the motion to dismiss will be denied.

The claim which HHS moves to dismiss is a preference claim under 11 U.S.C. §§ 547 and 550 by Psychotherapy and Counseling Center, Inc....

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