IN RE LUTZ

Bankruptcy No. 94-40002-S, Adversary No. 95-4907.

212 B.R. 846 (1997)

In re Sidney A. and Diane C. LUTZ, Debtors. George P. DAKMAK, Trustee, Plaintiff, v. UNITED STATES of America (INTERNAL REVENUE SERVICE), Defendant.

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

May 27, 1997.


Attorney(s) appearing for the Case

Robert A. Peurach, Detroit, MI, for Plaintiff.

Doris D. Coles, U.S. Dept. of Justice, Washington, DC, for IRS.


DECISION

BURTON PERLMAN, Bankruptcy Judge.

In this Chapter 7 case, the bankruptcy trustee is the plaintiff in this adversary proceeding. Here, plaintiff seeks to exercise his powers under § 547 of the Bankruptcy Code to recover an alleged preferential payment made to defendant, IRS. The pleadings thus present a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F).

Plaintiff, contending that there is no genuine issue of material fact, has...

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