HICKEY v. NIGHTINGALE ROOFING, INC.

Civ. A. No. 87-1882-WD.

83 B.R. 180 (1988)

Thomas A. HICKEY, Trustee of Alter-Hall Construction Co., Inc., Plaintiff-Appellee, v. NIGHTINGALE ROOFING, INC., Defendant-Appellant.

United States District Court, D. Massachusetts.

February 29, 1988.


Attorney(s) appearing for the Case

Joseph G. Butler, Barron & Stadfeld, Boston, Mass., for Thomas A. Hickey, trustee.

Peter J. Gagne, Corwin & Corwin, Boston, Mass., for Nightingale Roofing.


MEMORANDUM

WOODLOCK, District Judge.

This case presents the narrow question whether, and under what circumstances, a trustee in bankruptcy may avoid as a preferential transfer a payment made by a debtor to a creditor in settlement of a lawsuit shortly before the debtor filed for bankruptcy. The Bankruptcy Court below found that such a transfer was not made in the "ordinary course of business," see generally, 11 U.S.C. § 547(b) and (c), and, accordingly...

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