Anderson v. Hercules, Inc. (In re Creel)

ORDER

WILLIAM THURMOND BISHOP, Bankruptcy Judge.

This matter comes before the court on the complaint of the Trustee to avoid an alleged preferential transfer of two Caterpillar D-5 Combo tractors, a Hyster trailer, and two pallets (collectively “the collateral”), pursuant to 11 U.S.C. § 547(b).1 The Trustee seeks the turnover of the collateral, or, in the alternative, judgment in the amount of $75,448.04.

FINDINGS OF FACT

The debtor, Roosevelt Creel, worked for the defendant, Hercules Inc., from 1971 until 1985 in various capacities, including that of foreman of one or more stump harvesting…