Singer v. Kimberly-Clark Corp. (In Re American Pad & Paper Co.)

MEMORANDUM OPINION 1

JUDITH K. FITZGERALD, Bankruptcy Judge.

The chapter 7 trustee filed this action to avoid a preferential transfer under 11 U.S.C. § 547. Defendant seeks summary judgment asserting that the statute of limitations set forth in 11 U.S.C. § 546(a) bars the action. In this adversary as in others decided by this court on October 28, 2003, 2 the facts with respect to the statute of limitations are the same. That is, on January 14, 2000, an order for relief was entered following the filing of an involuntary Chapter 11. petition on January 10, 2000. On December 21, 2001, a motion was…