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IN RE GAWRONSKI

Bankruptcy No. 08-14853 B. Adversary No. 09-1012 B.

411 B.R. 139 (2009)

In re Lisa M. GAWRONSKI, Debtor. Mark J. Schlant, Trustee, Plaintiff v. Robert Bartolucci, Defendant.

United States Bankruptcy Court, W.D. New York.

August 21, 2009.

Attorney(s) appearing for the Case

Zdarsky, Sawicki & Agostinelli LLP, Mark J. Schlant, Esq., of Counsel, Buffalo, NY, Attorneys for the Trustee/Plaintiff.

Barry H. Sternberg, Esq., Cheektowaga, NY, Attorney for Defendant.

DECISION & ORDER

BUCKI, Chief Judge.

In this adversary proceeding, the Chapter 7 trustee seeks to recover allegedly preferential payments that the debtor made to her brother during the year immediately prior to the commencement of bankruptcy proceedings. On cross motions for summary judgment, the parties contest the application of 11 U.S.C. § 547(c)(2), which allows a defense for the payment of debts incurred in the ordinary course of the...

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