Guttman v. Associates Commercial Corp. (In Re Furley's Transport, Inc.)

MEMORANDUM OPINION AVOIDING TRANSFERS

E. STEPHEN DERBY, Bankruptcy-Judge.

This matter comes before the court on the Trustee’s Complaint to recover preferential, unauthorized, and avoidable transfers under 11 U.S.C. §§ 544, 547, 549, and 550. The specific issues raised in this adversary proceeding are whether the Trustee possesses rights to eight trailers that are superior to the lien rights asserted by the Defendant, Associates Commercial Corporation (“ACC”), and whether the Trustee can avoid certain monetary transfers to ACC.

I. Introduction

On December 2, 1998 (the “Petition Date”) the Debtor,…