Dubis v. B.W. Supply (In Re Delta Group)

MEMORANDUM OPINION GRANTING MOTIONS TO DISMISS

SUSAN V. KELLEY, Bankruptcy Judge.

The Chapter 7 Trustee instituted these adversary proceedings to recover avoidable transfers made by the debtor to various creditors. What is novel about this case is the Trustee’s attempt to avoid the transfers under a state statute that allows preferences to be avoided up to four months before state court receivership proceedings. A number of the defendant-creditors have filed motions to dismiss under Bankruptcy Rule 7012(b)(6) — incorporating Fed.R.Civ.P. 12(b)(6) — arguing that, as to any transfers more than 90…