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IN RE GANTOS, INC.

Bankruptcy No. 99-51806. Adversary No. 01-05164.

283 B.R. 649 (2002)

In re GANTOS, INC., Debtor. Richard M. Coan, Trustee, Plaintiff, v. Meryl Diamond, Ltd., Defendant.

United States Bankruptcy Court, D. Connecticut.

October 1, 2002.

Attorney(s) appearing for the Case

Barbara H. Katz, New Haven, CT, for Meryl Diamond.

Timothy D. Miltenberger, Coan, Lewendon, Gulliver & Miltenberger, New Haven, CT, for Gantos.

MEMORANDUM OF DECISION ON MOTION TO DISMISS

ALAN H.W. SHIFF, Chief Judge.

On December 21, 2001, the plaintiff chapter 7 trustee, Richard M. Coan, commenced this adversary proceeding against Meryl Diamond, Ltd. ("Diamond"), by filing a one count complaint, alleging that it received a $35,000 preferential transfer. 11 U.S.C. § 547(b).1 On March 22, 2002, the trustee filed an amended complaint which added a second count, alleging...

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