Unger v. INAC Corp. (In re Stereo Equipment Sales, Inc.)

MEMORANDUM OF DECISION AS TO MOTION TO DISMISS

E. STEPHEN DERBY, Bankruptcy Judge.

Plaintiff, Arthur C. Unger, Chapter 11 Trustee, for Stereo Equipment Sales, Inc. (the “Debtor”) seeks to avoid and recover a transfer of funds which he asserts is preferential and avoidable under 11 U.S.C. § 547 of the Bankruptcy Code. Defendant, INAC Corp., moves to dismiss the Complaint on the single ground that the transfer described in the complaint was made outside the 90-day period prior to the filing of the Petition. Therefore, it is not an avoidable transfer under Section 547(b)(4)(A) of the Code.

These…