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IN RE OEM INDUS. CORP.

Bankruptcy No. 90-03906 JKF, Adv. No. 91-0148.

148 B.R. 436 (1992)

In re OEM INDUSTRIAL CORPORATION, Debtor. OEM INDUSTRIAL CORPORATION, Plaintiff, v. BIRMINGHAM SQUARE, a Pennsylvania partnership, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

December 23, 1992.

Attorney(s) appearing for the Case

Gary W. Short, Pittsburgh, PA, for debtor.

James R. Cooney, Nernberg & Cooney, P.C., Pittsburgh, PA, for Birmingham Square.

James A. Prostko, Pittsburgh, PA, trustee.

MEMORANDUM OPINION

JUDITH K. FITZGERALD, Bankruptcy Judge.

The matter before the court is an avoidance action by which OEM Industrial Corp. ("OEM"), formerly acting as debtor-in-possession,1 seeks to avoid as a preferential transfer Birmingham Square's execution lien2 on a judgment it held against OEM. We hold that Birmingham Square's lien is an avoidable preference.

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