IN RE METAL FOUNDATIONS, LLC

Bankruptcy No. 11-22843JAD, Adv. No. 13-2337JAD.

In Re: METAL FOUNDATIONS, LLC, Chapter 7, Debtor, CHARLES M. FORMAN, CHAPTER 7 TRUSTEE FOR STIRLING ENERGY SYSTEMS, INC., f/k/a STIRLING ENERGY SYSTEMS MANUFACTURING, INC., Plaintiff, v. THE BANKRUPTCY ESTATE OF METAL FOUNDATIONS, LLC and PAMELA J. WILSON, CHAPTER 7 TRUSTEE FOR THE BANKRUPTCY ESTATE OF METAL FOUNDATIONS, LLC, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

January 21, 2014.


MEMORANDUM OPINION

Doc. No. 7

JEFFERY A. DELLER, Bankruptcy Judge.

The matter before the Court is the Rule 12(b) Motion to Dismiss Plaintiff's Complaint to Avoid and Recover Preferential Transfers filed by Defendants. The Defendants seek to have the complaint dismissed primarily based upon the holding in the decision by the United States Court of Appeals for the Third Circuit in the case of Lewis v. Diethorn...

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