IN RE TAMPOSI FAMILY INV. PROPERTIES

Bankruptcy Nos. 91-12575 and 91-12493 to 91-12498, Adv. Nos. 92-1055, 92-56.

159 B.R. 631 (1993)

In re TAMPOSI FAMILY INVESTMENT PROPERTIES, et al., Debtor. Elizabeth M. TAMPOSI, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Hillsborough Bank & Trust, Defendant. Stephen TAMPOSI, Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver of Hillsborough Bank & Trust, Defendant.

United States Bankruptcy Court, D. New Hampshire.

July 14, 1993.


Attorney(s) appearing for the Case

Charles R. Dougherty, Hill & Barlow, P.C., Boston, MA, for Elizabeth M. Tamposi.

Anne Scheer, Gallagher, Callahan & Gartrell, Concord, NH, for FDIC as Rec. of Hillsborough Bank & Trust.

Geraldine Karonis, Manchester, NH, for UST.


MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

The above captioned adversary proceedings came on for pretrial hearings before the Court on December 7, 1992 on virtually identical complaints to avoid defendant's attachments of debtors' assets as alleged preferential transfers. In response, the FDIC has moved to dismiss both adversary proceedings on the theory that 12 U.S.C. § 1821(d)(13)(D) operates as a categorical bar to this Court's subject...

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