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IN RE FINANCIAL MANAGEMENT SCIENCES, INC.

Bankruptcy No. 98-25315-BM. Adversary Nos. 00-2287-BM, 00-2289-BM.

261 B.R. 150 (2001)

In re FINANCIAL MANAGEMENT SCIENCES, INC., Debtor. James R. Walsh, Trustee, Plaintiff, v. The Toledo Hospital, Defendant. James R. Walsh, Trustee, Plaintiff, v. Sto-Rox School District, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

February 2, 2001.

Attorney(s) appearing for the Case

Richard A. Finberg, Bradley S. Gelder, Malakoff, Doyle & Finberg, P.C., Pittsburgh, PA, for plaintiff.

Mark D. Shepard, Amy L. Wetterau, Babst, Calland, Clements & Zomnir, P.C., Pittsburgh, PA, for defendant Toledo Hospital.

Elaine Cribbs Rizza, The Rizza Group Professional Corporation, Washington, PA, for defendant Sto-Rox School District.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Sto-Rox School District and The Toledo Hospital, defendants in the above adversary actions, have brought motions for summary judgment. They assert, among other things, that § 546(e) of the Bankruptcy Code applies and bars the chapter 7 trustee from utilizing § 544(b) of the Bankruptcy Code to assert claims against them in connection with pre-petition transfers made when debtor Financial...

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