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MATTER OF TABALA

Bankruptcy No. 80 B 20106, Adv. No. 80 ADV 2095.

11 B.R. 405 (1981)

In the Matter of Peter and Geraldine TABALA, Debtors.

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

May 29, 1981.

Attorney(s) appearing for the Case

Barr & Faerber, Spring Valley, N.Y., for trustee.

Blank & Katzman, Spring Valley, N.Y., for debtors.

Eric B. Kaviar, Yonkers, N.Y., for Carvel Corp.

DECISION ON TRUSTEE'S COMPLAINT TO SET ASIDE CONVEYANCE BY DEBTORS

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee in bankruptcy has invoked Code § 544(b) in this adversary proceeding, in an effort to set aside a conveyance of the debtors' residence to their three daughters approximately 17 months before they filed their voluntary petition under Chapter 7 of the Bankruptcy Code. The trustee cannot employ Code § 548 with respect to fraudulent...

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