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IN RE COMPLETE DRYWALL CONTRACTING, INC.

Bankruptcy No. 77-1927EG.

11 B.R. 697 (1981)

In re COMPLETE DRYWALL CONTRACTING, INC., Bankrupt. Leonard P. GOLDBERGER, Successor Trustee in Bankruptcy, Plaintiff, v. Albert C. BROSS, Jr. and Regina A. Bross, his wife, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

June 18, 1981.

Attorney(s) appearing for the Case

Melvin Lashner, Adelman & Lavine, Philadelphia, Pa., for plaintiff/trustee, Leonard P. Goldberger.

John M. McAllister, McAllister & Reif, Philadelphia, Pa., for defendant, Albert C. Bross, Jr. and Regina A. Bross, his wife.

Leonard P. Goldberger, Philadelphia, Pa., trustee.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before us is whether certain payments made by an insolvent corporation prior to the filing of its petition in bankruptcy are fraudulent and therefore recoverable by the trustee under § 67(d) or § 70(e) of the Bankruptcy Act ("the Act"). For the reasons stated below, we find that the payments which were made to repay the personal loans or obligations incurred by the defendant, president of the...

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