Pope v. Alabama Power Co. (In Re Alabama State Fair Authority)

Memorandum Opinion on the Defendant’s Motion to Dismiss Chapter 9 Adversary Proceeding

BENJAMIN COHEN, Bankruptcy Judge.

I. Background

The trustee filed the pending complaint in this Chapter 9 case on December 16, 1996 contending that payments of $141,268.00 made to the defendant by the debtor constitute preference payments under 11 U.S.C. § 547. The defendant contends that the trustee’s complaint was filed beyond the two-year statute of limitations contained in 11 U.S.C. § 546 and filed the pending Motion to Dismiss on January 24,1997.

The pertinent part of the applicable version of 11 U.S.C. §…