Howe v. Equitable Gas Co. (In Re Howe)

MEMORANDUM OPINION

JUDITH K. FITZGERALD, Bankruptcy Judge.

The matter before the Court in this Chapter 11 proceeding is a Complaint to Set Aside Preference (Complaint) filed by David Edward Howe and Joan Francis Howe, Debtors-in-Possession (Debtors). The facts are not in dispute and the parties have filed Cross Motions for Summary Judgment.

On or about November 3,1988, Equitable Gas Company filed a Complaint in Arbitration against the Debtors alleging moneys due Equitable for unpaid natural gas service. The case proceeded under the Rules of Compulsory Arbitration, Pa.R.Civ.P. § 1301, et seq., 42…