Babbitt v. Dellsher Investment Co. (In Re Horne)

ORDER

ROSZKOWSKI, District Judge.

Before the court is an appeal taken from an order of the Bankruptcy Court.

Plaintiff-Appellee, the duly appointed and qualified Trustee for the estate of the debtor, Wayne Horne (hereinafter “Horne”), filed this action in Bankruptcy Court under Section 60(b) of the former Bankruptcy Act (11 U.S.C. § 96(b)) (repealed by the Bankruptcy Reform Act of 1978, effective October 1, 1979). Plaintiff seeks a determination and declaration that certain payments made to defendant-appellant Dellsher Investment Co., Inc. (hereinafter “Dellsher”) by the debtor were preferential…