Harris v. Scotsman Queen Products Division of King-Seeley Thermos Co. (In Re Handsco Distributing, Inc.)

DECISION

BURTON PERLMAN, Bankruptcy Judge.

In this adversary proceeding the trustee of Chapter 7 debtor Handsco Distributing, Inc. is the plaintiff. He seeks to avoid a transfer to defendant on the ground that it was preferential, pursuant to 11 U.S.C. § 547. The alleged preference occurred upon the transfer of certain ice makers and refrigerators by debtor to defendant within ninety (90) days of the filing of bankruptcy. In opposition, defendant contends that it is entitled to recoupment.

At a pretrial conference held in this case the parties agreed to submit the case on a stipulated record and…