Lansdowne v. Les Schwab Tire Center of Oregon, Inc. (In Re B-Way Construction)

MEMORANDUM OPINION

POLLY S. WILHARDT, Bankruptcy Judge.

This matter is before the court upon cross motions for summary judgment filed by Les Schwab Tire Center of Oregon, Inc., (hereinafter Schwab) and Paul Lansdowne, trustee, in this adversary proceeding to avoid a preferential transfer under 11 U.S.C. § 547. Both parties agree that the facts are not in dispute and that the issue before the court is solely a question of law. The court concurs. The stipulated facts are:

1. B-Way Construction, Inc., the debtor in the related chapter 7 case, filed a petition for relief on December 18, 1981.

2. On…