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IN RE TRI-CO., INC.

Bankruptcy No. 96-40340-JFQ, Adversary No. 97-4418.

221 B.R. 606 (1998)

In re TRI-CO., INC., Debtor. TRI-CO., INC. Plaintiff, v. STAR BUILDING SYSTEMS, Defendant.

United States Bankruptcy Court, D. Massachusetts.

May 14, 1998.

Attorney(s) appearing for the Case

Thomas F. Maffei, Choate, Hall & Stewart, Boston, MA, for Star Building Systems.

Mark S. Foss, Peters, Massad & Rodolakis, Worcester, MA, for Richard R. Erricola, Trustee.

R. Arlen Johnson, Milford, MA, for Tri-Co., Inc.

OPINION

JAMES F. QUEENAN, Jr., Bankruptcy Judge.

Tri-Co., Inc. (the "Debtor"), as debtor in possession, has brought this suit under section 549(a) of the Bankruptcy Code to recover an unauthorized (and involuntary) postpetition transfer of property of the bankruptcy estate1. The case raises these questions: When a party owing a prepetition debt to a bankruptcy estate makes a postpetition payment to a creditor of the debtor...

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