IN RE SOUTHERN COMMODITY CORP.

Bankruptcy No. 85-01103-BKC-TCB, Adv. No. 87-0294-BKC-TCB-A.

78 B.R. 626 (1987)

In re SOUTHERN COMMODITY CORP., Debtor. SOUTHERN COMMODITY CORPORATION OFFICIAL LIQUIDATING COMMITTEE, Plaintiff, v. EL CAMPO RICE MILLING CO., INC., Defendant.

United States Bankruptcy Court, S.D. Florida.

September 14, 1987.


Attorney(s) appearing for the Case

Robert F. O'Malley, Jr., Miami, Fla., for plaintiff.

Weil, Gotshal & Manges, Lawrence D. Mungin, Houston, Tex., for defendant.


MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The Liquidating Committee, created by a confirmed chapter 11 plan, seeks recovery of $281,018 as a preferential transfer under 11 U.S.C. §§ 547 and 550. Defendant has answered and the matter was tried on July 30.

The facts are not in dispute. Defendant concedes that a prima facie case has been proved, but asserts four affirmative defenses: lack of standing, the statute of

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