Stonitsch v. Strick Lease, Inc. (In Re Isis Foods, Inc.)

ORDER DENYING MOTION OF DEFENDANT TO DISMISS COMPLAINT AND SETTING PRETRIAL CONFERENCE TO DETERMINE TIMING OF DISCOVERY AND TRIAL DATE

DENNIS J. STEWART, Bankruptcy Judge.

This is an action brought by the plaintiff trustee in bankruptcy to recover an alleged preference pursuant to § 547 of the Bankruptcy Code. The defendant moves to dismiss this action for lack of bankruptcy court jurisdiction under the rule of Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., - U.S. -, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982), striking the bankruptcy court jurisdictional statute, § 1471, Title 28, United…