Phoenix Steel Corp. v. Rittenhouse Organization (In Re Phoenix Steel Corp.)

MEMORANDUM OPINION AND ORDER

HELEN S. BALICK, Bankruptcy Judge.

On July 30, 1985, approximately two years after filing a Chapter 11 case, Phoenix Steel Corporation sued Rittenhouse Organization to recover an alleged preference of $50,625. Following discovery, pre-trial conference and several rescheduled trial dates, the court, on request of counsel, permitted the parties to submit a stipulation of facts (Doc. # 17) in lieu of trial.

Phoenix paid $50,625 to Rittenhouse on July 5, 1983. Phoenix claims that this payment, made within the 90 days preceding the filing of Phoenix’ Chapter 11 case,…