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NELSON CO. v. AMQUIP CORP.

Civ. A. Nos. 90-6507, 90-8076, Bankruptcy No. 89-12080.

128 B.R. 930 (1991)

NELSON CO. v. AMQUIP CORPORATION.

United States District Court, E.D. Pennsylvania.

July 11, 1991.

Attorney(s) appearing for the Case

Myron A. Bloom, Robert M. Bovarnick, Lewis H. Gold, Adelman, Lavine, Gold and Levin, Philadelphia, Pa., for Nelson Co.

Maxwell P. Gorson, Philadelphia, Pa., for Counsel for the Official Committee of Unsecured Creditors.

Jonathan E. Rich, Newtown, Pa., for Amquip Corp.

James J. O'Connell, Asst. U.S. Trustee, Philadelphia, Pa.

MEMORANDUM

GILES, District Judge.

Debtor Nelson Company ("Nelson") contests the bankruptcy court's determination that AmQuip Corporation ("AmQuip") holds a secured claim, arguing that AmQuip's interest is unsecured because the circumstances under which that interest was transferred make it avoidable under 11 U.S.C. § 547(b). Specifically, Nelson contends that it granted a preferential interest to AmQuip within the 90-day period preceding its Chapter...

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