Tonyan Construction Co. v. McHenry State Bank (In Re Tonyan Construction Co.)

ORDER

LAWRENCE FISHER, Bankruptcy Judge.

This matter coming on to be heard upon the Amended Complaint of Debtor, Tonyan Construction Company, Inc., challenging the propriety of a setoff made by Defendant McHenry State Bank pursuant to § 553 of the Bankruptcy Code and seeking to avoid as a preference within the meaning and purview of § 547(b) of the Bankruptcy Code a transfer of property allegedly made to Defendants Edward W. Tonyan, John J. Tonyan, and Janice Tonyan, and to recover the funds offset and property transferred pursuant to § 550(a) of the Bankruptcy Code, and upon the Amended…