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IN RE NEW LIFE BUILDERS, INC.

Bankruptcy No. 97-10726 B. Adversary No. 99-1018 B.

241 B.R. 507 (1999)

In re NEW LIFE BUILDERS, INC., Debtor. Thomas A. Dorey, As Trustee in Bankruptcy of New Life Builders, Inc., Plaintiff, v. Perfetti Builder's Hardware, Inc., 1655 Third Avenue, Niagara Falls, New York 14304, Defendant.

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

November 18, 1999.

Attorney(s) appearing for the Case

Donald H. Michalak, Fredonia, NY, for Plaintiff-Trustee.

Bloom, Neubeck & Shonn, LLP, Eric A. Bloom, of counsel, Buffalo, NY, for Defendant.

CARL L. BUCKI, Bankruptcy Judge.

In this adversary proceeding, the chapter 7 trustee seeks to recover an allegedly preferential levy against a bank account of the debtor. The present motions focus upon the requirement of 11 U.S.C. § 547(b)(4)(A), that the transfer be made "on or within 90 days before the date of the filing of the petition." At issue is the date of transfer. Specifically, did a transfer occur when the sheriff actually recovered funds or at some...

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