Gouveia v. Seneca Petroleum Co. (In Re Globe Building Materials, Inc.)

MEMORANDUM OF DECISION

J. PHILIP KLINGEBERGER, Bankruptcy Judge.

This case was initiated by complaint filed on January 9, 2003, to which Seneca responded by answer filed on March 3, 2003. In this adversary proceeding, the plaintiff Gordon E. Gouveia as the Trustee of the Chapter 7 bankruptcy estate of Globe Building Materials, Inc. (“Trustee”) seeks to assert the provisions of 11 U.S.C. § 547(b) to recover alleged preferential payments made by the debtor to the defendant Seneca Petroleum Co., Inc., (“Seneca”), and Seneca in turn seeks to avoid liability to repay the alleged preferential…