IN RE ALUMNI ENTERPRISES INC.

Bankruptcy No. 93-13707 B. Adv. No. 94-1110 B.

191 B.R. 554 (1996)

In re ALUMNI ENTERPRISES INCORPORATED, Debtor. Mark S. WALLACH, Trustee, Plaintiff, v. REO DISTRIBUTING SERVICES, INC., Defendant.

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

February 7, 1996.


Attorney(s) appearing for the Case

Penney, Maier, Wallach, & Crowe, Buffalo, New York, for Plaintiff.

Saperston & Day, P.C. (Paul Peters, of counsel), Buffalo, New York, for Defendant.


CARL L. BUCKI, Bankruptcy Judge.

The Chapter 7 trustee commenced this adversary proceeding to recover an allegedly preferential payment which a customer of the debtor made to the defendant from monies that would otherwise have become owed to the debtor. Contending that the payor was jointly liable for the underlying obligation, the defendant argues that that joint liability precludes a demonstration of the requirements for a preference as set forth in 11 U.S.C. &...

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