Grant v. Boyd (In re Richey Buick Pontiac, Inc.)

ORDER ON SUMMARY JURISDICTION DENYING MOTION TO DISMISS

GEORGE L. PROCTOR, Bankruptcy Judge.

This case began as an involuntary bankruptcy. On January 3, 1978, this Court entered an order adjudicating Richey Buick Pontiac, Inc., a bankrupt, finding, among other things, that a preference had been made by a transfer of real property to Roy T. Boyd, Sr., the defendant in this adversary action.

The trustee has now filed a complaint to recover the preference. Boyd responded with a motion to dismiss for lack of jurisdiction. Plaintiff contends that, by filing proofs of claim in the bankruptcy…