Plotkin v. Sunflower Beef Packers, Inc. (In Re Hudson Valley Quality Meats, Inc.)

DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

JEREMIAH E. BERK, Bankruptcy Judge.

I. STATEMENT OF THE CASE

Plaintiff, trustee in bankruptcy of Hudson Valley Quality Meats, Inc. (hereinafter “Hudson Valley”), seeks to recover $175,000 as a voidable preference under § 60b of the Bankruptcy Act of 1898 (hereinafter “Act”), 1 11 U.S.C. § 96(b), from defendant, Sunflower Beef Packers, Inc. (hereinafter “Sunflower”). Sunflower moves herein for summary judgment on the ground that the transfer made to it by Hudson Valley was not, as a matter of law, a preference as defined by the Act.

Bankruptcy…