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IN RE AMERICAN PAD & PAPER CO.

Bankruptcy No. 00-00066-JKF, Adversary No. 02-6706-JKF.

307 B.R. 459 (2004)

In re AMERICAN PAD & PAPER COMPANY, et al., Debtors. Steven Singer, Chapter 7 Trustee, Plaintiff, v. Kimberly-Clark Corporation, d/b/a Neenah Papers, Defendant.

United States Bankruptcy Court, D. Delaware.

March 15, 2004.

Attorney(s) appearing for the Case

Conor Desmond Reilly, Gibson, Dunn & Crutcher, New York City, John Henry Knight, Mark D. Collins, Paul Noble Heath, Richards, Layton & Finger, P.A., Wilmington, DE, for debtor.

Deborah Cirilla Sellis, Akin & Herron, PA, Kathleen Miller, Smith, Katzenstein & Furlow LLP, Wilmington, DE, for defendant.

Robert W. Pedigo, Robert W. Mallard, Cooch and Taylor, Wilmington, DE, for Chapter 7 Trustee.

Margaret Louise Harrison, Office of United States Trustee, Wilmington, DE, United States Trustee.

MEMORANDUM OPINION1

JUDITH K. FITZGERALD, Bankruptcy Judge.

The chapter 7 trustee filed this action to avoid a preferential transfer under 11 U.S.C. § 547. Defendant seeks summary judgment asserting that the statute of limitations set forth in 11 U.S.C. § 546(a) bars the action. In this adversary as in others decided by this court on October 28, 2003,

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