United States Lines, Inc. v. United States (In Re McLean Industries, Inc.)
District Court, S.D. New York
1Opinion of the Court
OPINION & ORDER
COTE, District Judge:
The United States of America, on behalf of the Maritime Administration of the Department of Transportation (“MARAD”) brings this appeal from the Bankruptcy Court’s Order entered June 27, 1995. The primary issue presented by this appeal is whether MARAD, the recipient of an avoidable preference from the debtor in this action, must disgorge the preference before pursuing a claim against the bankruptcy estate, even though the Trustee is time-barred from pursuing an avoidable preference action against MARAD. For the reasons stated below, this Court finds that…
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