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IN RE MERCON INDUSTRIES, INC.

Bankruptcy No. 81-03111G, Adv. No. 83-2220G.

37 B.R. 549 (1984)

In re MERCON INDUSTRIES, INC., Debtor. Leonard P. GOLDBERGER, Trustee, Plaintiff, v. DAVIS JAY CORREGATED BOX CORPORATION, Charles Davis, Jay Tessler, Fidelity Bank and G.B. Goldman Paper Co., Defendants. FIDELITY BANK, Defendant and Third Party Plaintiff, v. Rhoda DAVID, Third Party Defendant, and Toby Tessler, Third Party Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

As Amended June 7, 1984.

Attorney(s) appearing for the Case

Philip A. Gasteier, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for plaintiff, Leonard P. Goldberger, trustee.

Norman R. Segal, Pincus, Verlin, Hahn, Reich & Goldstein, P.C., Philadelphia, Pa., for David Jay Corrugated Box Corporation, Charles Davis and Jay Tessler, defendants, and Rhoda David and Toby Tessler, third party defendants.

Howard T. Glassman, Faith R. Greenfield, Wexler, Weisman, Forman & Shapiro, P.C., Philadelphia, Pa., for defendant and third party plaintiff, Fidelity Bank.

Alan C. Gershenson, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for defendant, G.B. Goldman Paper Company.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue in the case at bench is whether the trustee has failed to state a cause of action to avoid a preference under 11 U.S.C. § 547(b) due to the debtor's satisfaction of a debt owed to a creditor who is not an insider when payment was made more than 90 days prior to the commencement of bankruptcy but within the one year vulnerability period for insiders. The dispute must be resolved in light of the trustee...

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