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MATTER OF REMKE, INC.

Bankruptcy No. 80-02273-B, Adv. No. 80-0766-B.

5 B.R. 299 (1980)

In the Matter of REMKE, INC., Debtor. REMKE, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States Bankruptcy Court, E.D. Michigan.

July 22, 1980.

Attorney(s) appearing for the Case

Jaffe, Snider, Raitt, Garratt & Heuer, Professional Corp. by Lawrence K. Snider, Detroit, Mich., for plaintiff.

James K. Robinson, U.S. Atty. by Karl R. Overman, Asst. U.S. Atty., Detroit, Mich. by Robert L. Handros, Trial Atty., Tax Div., Dept. of Justice, Washington, D.C., for defendant.

OPINION

GEORGE BRODY, Bankruptcy Judge.

On May 1, 1980, Remke, Inc. filed a petition for reorganization under chapter 11 of the Bankruptcy Code. Thereafter, the debtor instituted this action pursuant to section 547 of the Bankruptcy Code to recover an alleged preferential transfer of $145,267.53 from the Internal Revenue Service. The government moved to dismiss, contending that the doctrine of sovereign immunity insulated it from suit. The resolution of...

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