Adashek v. Newspapers, Inc. (In Re Milwaukee County Conservation & Public Service Corp.)

C.N. CLEVERT, Bankruptcy Judge.

This action was commenced by the trustee, James L. Adashek, under 11 U.S.C. § 547 of the Bankruptcy Code, to avoid a preferential transfer by the debtor, Milwaukee County Conservation and Public Service Corporation, Inc. (MCC), to the defendant, Newspapers, Inc. (Newspapers).

On November 16, 1983, Newspapers, a creditor of MCC, filed an action against MCC seeking the appointment of a receiver. On November 30, 1983, MCC paid its indebtedness to Newspapers in full, plus the cost of the suit — a total of $7,203.56. This payment was made on or within ninety days…