Guiliano v. Almond Investment Co. (In Re Carolina Fluid Handling Intermediate Holding Corp.)

OPINION 1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

This adversary proceeding was commenced by the chapter 7 trustee against Almond Products, Inc. (“Almond”) seeking recovery as preferences of payments made by the Debtors. Almond filed a motion for summary judgment asserting that the payments are not avoidable because they were made under an executory supply agreement between Almond and the Debtors that was assumed and assigned by the Debtors under a sale order approved by the Court. The Court finds that there is no material fact as to whether the supply agreement was an executory contract…