Neuger v. United States (In Re Tenna Corp.)

MEMORANDUM OF OPINION AND DECISION

WILLIAM J. O’NEILL, Bankruptcy Judge.

The Tenna Corporation through its trustee seeks to avoid an alleged preference and recover from the United States of America the $527,264.37 payment of income tax assessments made to the Internal Revenue Service.

From the stipulations submitted by the parties and the evidence at trial, the Court finds the pertinent facts as follows:

1. On December 5, 1979, Tenna Corporation filed a voluntary petition under Chapter 11 of the Bankruptcy Code. Upon creditor’s motion, the case was converted to a Chapter 7 proceeding on September…