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IN RE PERFORMANCE TRANSP. SERVICES, INC.

Bankruptcy No. 07-4746 K. Adversary Nos. 09-1190 K, 09-1244 K.

486 B.R. 62 (2013)

In re PERFORMANCE TRANSPORTATION SERVICES, INC., et al., Debtor. Mark S. Wallach, Esq., Chapter 7 Trustee of Performance Transportation Services, Inc., et al., Plaintiff v. Ford Motor Company, Defendant. Mark S. Wallach, Esq., Chapter 7 Trustee of Performance Transportation Services, Inc., et al., Plaintiff v. Ford Motor Company, Defendant.

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

February 8, 2013.

Attorney(s) appearing for the Case

Janet G. Burhyte, Esq. , Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo, NY, for Plaintiff.

Marc N. Swanson, Esq. , Ronald A. Spinner, Esq. , Miller Canfield Paddock & Stone, PLC, Detroit, MI, for Ford Motor Company.

Kevin Tompsett, Esq. , Harris Beach PLLC, Pittsford, NY, for Ford Motor Company.

OPINION AND ORDER REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

MICHAEL J. KAPLAN, Bankruptcy Judge.

The matter at the Bar seems to be one of first impression.

In 1938 and again in 1978 Congress tried to put an end to decades of judicial efforts to reconcile "setoffs" with "preferential transfers." 11 U.S.C. § 553 was the legislative result. "... [T]his title does not affect the right...

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