Storey v. City of Toledo (In Re Cook United, Inc.)

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

I

This matter is before the Court upon the motion of the City of Toledo, Ohio (the City) seeking a dismissal of the case trustee’s action to recover an alleged preferential transfer, based upon a non-waiver of sovereign immunity. Upon the findings and conclusions set forth herein, said motion is denied.

The Debtor, Cook, United, Inc., caused to be filed its voluntary petition for relief under Chapter 11 of the Bankruptcy Code, which was subsequently converted for liquidation under Chapter 7. During the pendency of the Chapter 11,…