Lubman v. J. B. Eurell, Co. (In Re Fregosi)

MEMORANDUM OPINION

BLACKWELL N. SHELLEY, Bankruptcy Judge.

This matter comes on upon the filing of a motion for summary judgment by Sherman B. Lubman, the trustee herein, against J. B. Eurell, Co., (Eurell) the defendant herein, based upon the trustee’s complaint to avoid a preference pursuant to 11 U.S.C. § 547. Upon the submission of briefs and after hearing, the Court makes the following determination.

STATEMENT OF THE FACTS

The parties agree there is no controversy as to the facts in the instant case. Eurell extended credit to Robert Paul Fregosi (Fregosi), the debtor herein, between January…