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IN RE RESOURCE, RECYCLING & REMEDIATION, INC.

Bankruptcy No. 02-20777 BM. Adversary No. 03-02595 BM.

314 B.R. 62 (2004)

In re RESOURCE, RECYCLING & REMEDIATION, INC., Debtor. Robert L. Williams, Chapter 7 Trustee, Plaintiff v. Louis Mortillaro and Re-Ink, Inc., Defendants

United States Bankruptcy Court, W.D. Pennsylvania.

September 1, 2004.

Attorney(s) appearing for the Case

Matt A. Jarrell, Sherrard, German & Kelly, PC, Pittsburgh, PA, for Plaintiff.

Jonathan G. Babyak, Campbell & Levine, LLC, Pittsburgh, PA, for Defendants.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

In this adversary action the chapter 7 trustee seeks to recover from defendant Louis Mortillaro the value of a previously-avoided transfer of assets from debtor Resource Recycling & Remediation, Inc. to Ink Solutions, Inc. Recovery is based on § 550(a)(2) of the Bankruptcy Code.

Defendant Mortillaro contends that the exception to such recovery which is found at § 550(b)...

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