Genova v. Triangle Truck Service, Inc.

FINDINGS OF FACT, CONCLUSIONS AND ORDER ON TRUSTEE’S COMPLAINT TO VOID PREFERENTIAL TRANSFER

JOHN F. McGRATH, Bankruptcy Judge.

This matter comes before the Court on the Trustee’s Complaint for Avoidance *514of a Preferential or Fraudulent Transfer and for Turnover. Preliminarily, since the transfer attacked by the Trustee occurred more than one year prior to the filing of the petition on September 12, 1983, under Chapter 7 of the Bankruptcy Code, section 547(b) cannot be relied upon by the Trustee. Consequently, the only issue is whether the Trustee can employ section 544(b) of the Code and…