Turner v. Emmons & Wilson, Inc. (In Re Minton Group, Inc.)

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee seeks to avoid as preferential two prepetition attachments entered against the debtor’s property, located in New Canaan, Connecticut. The defendant challenges the trustee’s position, asserting that the two attachments are statutory liens that relate back to the commencement of their state court actions against the debt- or, more than 90 days prior to the filing of the involuntary Chapter 11 petition. Thus, the issue for determination is whether the recording of the attachments against the property constituted preferential transfers of the…