Fredman

I

INTRODUCTION

This proceeding is brought by Milton Fredman (“Fredman”), Co-Liquidating Trustee for Taylor Rig & Equipment Company (“Taylor Rig”), an affiliated subsidiary in the consolidated estates of Nucorp Energy, Inc. (the “estate”), against C.E. Machine Company (“C.E.”) to recover a purported preferential transfer. Prior to trial, the parties stipulated that the only issues in controversy are whether the estate’s prior settlement of a relief from stay action commenced by C.E. precludes the preference suit and/or whether the trans *205 fer is avoidable under § 547(b)(5) such that it enabled C.E. to receive more than it would have been entitled to under a liquidation.

After trial of these issues, the Court finds in favor of C.E. and concludes that Fredman has failed to establish that C.E. received a greater dividend on its unsecured claims by retaining the payment than it would have otherwise received by sharing in the estate’s distribution to unsecured creditors under the confirmed plan. The Court further finds that it has jurisdiction to hear this matter under 28 U.S.C. § 1334 (b) and General Order 312-D of the United States District Court, and that this is a core…