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IN RE DELTA GROUP

Bankruptcy No. 01-23052-svk, Adversary Nos. 03-2079, 03-2075, 02-2403, 02-2405, 02-2397, 03-2141, 02-2399, 02-2402, 03-2066, 03-2065, 02-2401, 03-2063, 03-2114.

300 B.R. 918 (2003)

In re DELTA GROUP, Debtor. Michael Dubis, Trustee, Plaintiff, v. B.W. Supply, Ben Shinn Trucking, Inc., General Iron Industries, Inc., Huron Valley Steel Corp., I.C.D. Group Metals, LLC, Kormet Enterprises, Inc., Kripke Enterprises, Inc., Metal Exchange Corp., Molten Metal Equipment, Nextel West Corp., Rockford Trading Company, Inc., Shinn Brokerage, WPS Energy Services, Inc., Defendants.

United States Bankruptcy Court, E.D. Wisconsin.

October 9, 2003.

Attorney(s) appearing for the Case

Bryan M. Becker, Esq., Milwaukee, WI, Robert E. Hankel, Racine, WI, for Plaintiff.

Dennis L. Simon, Appleton, WI, Jeffrey A. Cooper, Floyd A. Harris, Samuel C. Wisotzkey, Leonard G. Leverson, Milwaukee, WI, David M. Unseth, St. Louis, MO, Robert D. Nachman, Miriam R. Stein, Chicago, IL, for Defendants.

MEMORANDUM OPINION GRANTING MOTIONS TO DISMISS

SUSAN V. KELLEY, Bankruptcy Judge.

The Chapter 7 Trustee instituted these adversary proceedings to recover avoidable transfers made by the debtor to various creditors. What is novel about this case is the Trustee's attempt to avoid the transfers under a state statute that allows preferences to be avoided up to four months before state court receivership proceedings. A number of the defendant-creditors have filed...

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