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IN RE RIMMER CORP.

Bankruptcy No. 85-01959K, Adv. No. 87-0256S.

80 B.R. 337 (1987)

In re RIMMER CORPORATION t/a The Deluxe Diner, Debtor. Fred ZIMMERMAN, Trustee, Plaintiff, v. COMMONWEALTH of PENNSYLVANIA, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

December 11, 1987.

Attorney(s) appearing for the Case

Paul N. Mashmeyer, Philadelphia, Pa., for plaintiff.

Prince Atlee Thomas, Philadelphia, Pa., for defendant.

Edward Sparkman, Philadelphia, Pa., trustee.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

This adversarial proceeding, brought by the Chapter 7 Trustee of the Debtor to recover an alleged preferential transfer from the Debtor to the Defendant Commonwealth for tax liabilities, turns on whether the Trustee has met the requirement set forth in 11 U.S.C. § 547(b)(5), which recites that the creditor must receive more as a result of the transfer than it would have received in a liquidation of the Debtor...

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