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Straffi v. Gilco World Wide Mkts. (In re Bamboo Abbott Inc.)

Straffi v. Gilco World Wide Mkts. (In re Bamboo Abbott Inc.)

Ruling
Alleged lack of venue not grounds for dismissal of preference proceeding.
Procedural posture

This matter came before the court upon the motion of defendant, an alleged transferee, to dismiss, under Fed. R. Civ. P. 12(b)(3), the adversary complaint initiated by plaintiff, the chapter 7 trustee, for lack of proper venue pursuant to 28 U.S.C.S. § 1409(b). The trustee's complaint, pursuant to 11 U.S.C.S. § 547, sought to avoid allegedly preferential transfers to defendant in the aggregate amount of $11,211.

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Commercial opinion summary, case decided on October 24, 2011 , LexisNexis #1211-017