Redmond v. Mendenhall (In Re Hatfield)

MEMORANDUM OPINION

STEWART ROSE, Chief Judge.

The trustee has filed this adversary proceeding to avoid a preferential transfer alleged to have occurred within ninety days of the filing of the bankruptcy petition, pursuant to 11 U.S.C. § 547(b). Based on the following discussion, the trustee’s complaint must fail.

FINDINGS OF FACT

The parties have stipulated to and the Court finds the material facts to be as follows:

1. Debtor Donald Leroy Hatfield filed a voluntary Chapter 7 petition for relief on January 31, 1986.

2. On November 1, 1985, the Defendants Mendenhall filed a suit in the District Court…