Dubois v. Imbr Crane (In re Scott Fabricating, Inc.)

MEMORANDUM OF DECISION

J. PHILIP KLINGEBERGER, Bankruptcy Judge.

This adversary proceeding was commenced on April 1, 2011, by a complaint filed by David DuBois, Trustee of the Chapter 7 bankruptcy estate of Scott Fabricating, Inc. (“Trustee”). The complaint seeks to recover for the benefit of the estate an alleged preferential transfer received by the defendant IMBR Crane (“IMBR”).

Pursuant to the court’s order entered on August 24, 2011 (record # 16), this adversary proceeding was submitted to the court on a stipulated record: the record which controls the final determination in this case was…