Clay v. Traders Bank (In Re Briarbrook Development Corp.)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT DENYING THE PLAINTIFF’S COMPLAINT FOR RELIEF

DENNIS J. STEWART, Bankruptcy Judge.

The plaintiff filed a two-count complaint in this adversary action on September 5, 1980. In the first count, the plaintiff sought, pursuant to section 547(b) of the Bankruptcy Code, to recover a preference allegedly conferred upon the defendant on the basis of the following allegations:

“On March 28, 1980, within ninety days before the filing of debtor’s voluntary bankruptcy petition, debtor, while insolvent, did transfer to defendant an interest in certain…