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IN RE TVGA ENGINEERING, SURVEYING, P.C.

Case No. 12-12665 K. AP No. 14-1104 K.

562 B.R. 862 (2016)

IN RE TVGA ENGINEERING, SURVEYING, P.C., d/b/a TVGA Consultants, d/b/a Accident Reconstruction Plus, d/b/a Lockwood Geospatial Services, Debtor. Wendy J. Christophersen, as Chapter 7 Trustee of TVGA Engineering, Surveying, P.C. d/b/a TVGA Consultants, d/b/a Accident Reconstruction Plus, d/b/a Lockwood Geospatial Services, Plaintiff, v. James E. Pahel Defendant.

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

Signed December 1, 2016.

Attorney(s) appearing for the Case

Cheryl-Lane H. Bechakas, Bechakas & Bechakas, LLP, Townsend Square, 5330 Main Street, Ste. 240, Williamsville, NY 14221, Attorney for Plaintiff, Wendy Christophersen, as Chapter 7 Trustee of TVGA Engineering, Surveying, P.C.

Nicholas R. Pagliari, MacDonald, Illig, Jones & Britton LLP, 100 State Street, Ste. 700, Erie, PA 16507-1459, Attorney for Defendant, James E. Pahel

OPINION AND ORDER

The Court finds that when a bank acts only as a substitute for cash, there is no 11 U.S.C. § 546(e) shelter for payees receiving money from a debtor's account. If sued, they must defend on the merits. Not on § 546(e) "safe harbor".

Section 546(e) provides a "safe harbor" for...

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