Pereau v. Norvell (In Re Pereau)

MEMORANDUM OPINION

GEORGE L. PROCTOR, Bankruptcy Judge.

While this action was initiated as a complaint for injunctive relief, all injunction related issues are now moot, and the issue now before the Court is whether the plaintiff, a Chapter 11 debtor, has established that the events set out in his complaint have created a transfer avoidable as a preference according to the terms of 11 U.S.C. § 547(b) as to the defendants Freddie Taylor and Michael Brennan.

Briefly, those defendants were judgment creditors of the debtor and on September 23, 1988, caused a sheriff’s levy to execute against the…