Bass v. Southwestern Bell Telephone Co. (In Re Ray W. Dickey & Sons, Inc.)

MEMORANDUM AND ORDER

BILL H. BRISTER, Bankruptcy Judge.

An involuntary petition was filed against Ray W. Dickey & Sons, Inc., debtor, on February 15,1980. Thereafter on February 26,1980, the debtor filed voluntary petition, seeking relief under Chapter 7 of Title 11 United States Code. The trustee filed this action pursuant to 11 U.S.C. § 547, seeking to avoid a payment made by the debtor to Southwestern Bell Telephone Company.

The testimony at the trial reflected that the billing date, or cutoff date, for debtor’s bill was the 13th of each month. The actual bill was rendered approximately ten…