Michalski v. Singer (In Re Sin-Ko Inc.)

ORDER

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter is before the court on the motions of the defendants, Geraldine Singer, Marvin K. Jacobs and Wine World, Inc. to dismiss the trustee’s complaint to avoid preferential transfers on the grounds that it is time barred by 11 U.S.C. § 546(a)’s two year limit, and upon the trustee’s brief in opposition thereto. The court finds the trustee brought the action within two years of his designation as the permanent trustee and therefore the defendants’ motions to dismiss should be denied.

The sole issue to be determined by this Court is whether the…