Carey v. Flintridge Lumber Sales, Inc. (In Re RJW Lumber Co.)

ALAN JAROSLOVSKY, Bankruptcy Judge.

Memorandum of Decision

Debtor RJW Lumber Company filed a Chapter 11 petition on September 10,1998, and its plan of reorganization was confirmed in 1999. RJW was unable to effectuate the plan, and the case was converted to Chapter 7 on September 8, 2000. Plaintiff Raymond Carey is the Chapter 7 trustee. In this adversary proceeding, he seeks to recover a prepetition preference paid to defendant Flintridge Lumber Sales, Inc.

Flintridge has moved the court for summary judgment on two grounds. First, it argues that confirmation of the plan is res judicata as to…