Bavely v. Petrewsky (In Re Petrewsky)

DECISION

BURTON PERLMAN, Chief Judge.

In the complaint in this proceeding the trustee seeks, pursuant to § 547(b), to avoid as a preferential transfer the security interest granted to General Motors Acceptance Corporation (“GMAC”) in an automobile formerly owned by debtor Paul P. Pe-trewsky. The automobile has been sold by agreement of the parties. Plaintiff/trustee seeks turnover of the proceeds of sale. The parties have agreed to submit this matter for the court’s determination based on a fact stipulation and memoranda of law. This court has jurisdiction of this matter pursuant to 28 U.S.C. §…