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IN RE NATIONAL STEEL CO.

Bankruptcy No. 02 B 8699, Adversary No. 04 A 1322.

341 B.R. 229 (2006)

In re NATIONAL STEEL COMPANY, Debtor. NSC Creditor Trust, Plaintiff, v. BSI Alloys, Inc., Defendant.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

March 28, 2006.

Attorney(s) appearing for the Case

William J. Choslovsky, DLA Piper Rudnick Gray Cary U.S., L.L.P., Chicago, IL, for Plaintiff.

Michael Shiner, Tucker Arensberg, P.C., Pittsburgh, PA, for Defendant.

MEMORANDUM OPINION

JACQUELINE P. COX, Bankruptcy Judge.

This Chapter 11 case is before the Court on an adversary proceeding brought by National Steel Creditor Trust to avoid, as preferences, pre-petition payments made by debtor National Steel Company to BSI Alloys, Inc.

The defendant answered the complaint and asserted two affirmative defenses to the claims: a new value defense under 11 U.S.C. § 547(c)(4) and an ordinary course defense...

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