Swallen's, Inc. v. Corken Steel Products Co. (In Re Swallen's, Inc.)

DECISION ON MOTION FOR SUMMARY JUDGMENT

BURTON PERLMAN, Bankruptcy Judge.

Plaintiffs in this adversary proceeding are the Chapter 11 debtor in the bankruptcy case identified in the caption and the Official Committee of Unsecured Creditors active in the case. The proceeding was filed for the recovery by plaintiffs, pursuant to 11 U.S.C. § 547(b), of allegedly preferential payments made to defendant Corken Steel Products Company. Defendant, in its motion for summary judgment, asserts an “ordinary course of business” defense and “new value” defenses. Plaintiffs have submitted a cross-motion for…