IN RE: THE LIQUIDATING ESTATE OF H&P (2023)

Chapter 11

JUDGMENT ORDER

AND NOW, this 23rd day of February, 2023, for the reasons stated in the Memorandum Opinion filed this date in the above-captioned adversary proceedings, it is ORDERED, ADJUDGED and DECREED that:

(1) Defendant Kreitz Motor Express, Inc. t/d/b/a K.M.X., Inc. and Krietz Motor Express, Inc., t/d/b/a K.M.X. International (“KMX”) is found to have received avoidable preference transfers from the Debtor in the amount of $116,734.90 in the 90-day period preceding the filing of Debtor's bankruptcy petition, and accordingly judgment is entered in favor of the Plaintiff and against KMX in that amount.

(2) Defendant Custom Fabrications, Inc. (“Custom”) is found to have received avoidable preference transfers from the Debtor in the amount of $40,347.90 in the 90-day period preceding the filing of Debtor's bankruptcy petition, and accordingly judgment is entered in favor of the Plaintiff and against Custom in that amount.

(3) The Plaintiff's claims for disallowance of claims pursuant to 11 U.S.C. § 502(d) (Count III) in the adversary complaints, and objection to claim (Count IV) in the adversary complaints, are dismissed for waiver, abandonment, and/or failure to prosecute.

Case administrator to serve:

Scott Hare, Esq.

Barry Sawtelle, Esq.

Carlota M. Böhm, Judge United States Bankruptcy Court