Thomas W. Garland, Inc. v. Nooney Co. (In Re Thomas W. Garland, Inc.)

MEMORANDUM OPINION

ROBERT E. BRAUER, Bankruptcy Judge.

In this Chapter 11 case, initiated by the filing of a voluntary petition on May 27, 1980, Debtor Plaintiff seeks to recover, upon an Amended Complaint filed August 24, 1981, the sum of $8,733.31 alleged to be paid to the Defendant within 90 days of the filing, and alleged to be preferential payments within the meaning of 11 U.S.C. § 547(b), recoverable under 11 U.S.C. § 550(a)(1). Defendant resists recovery on several grounds: res judicata, equitable es-toppel, the payments were made as a contemporaneous exchange for new value [11 U.S.C. §…