Bankr. No.:
25-40010
Adv. No.:
25-4005
Chapter:
11
Date of Decision:
May 13, 2026
Issue:
Whether the debtor-plaintiff was entitled to summary judgment concerning his complaint to avoid the judicial lien of the defendant under 11 U.S.C. §547(b)?
Ruling:
The Court granted the debtor-plaintiff partial summary judgment on the first five elements under 11 U.S.C. §547(b), namely: the debtor had an interest in the property that was transferred, it was transferred to or for the benefit of a creditor, on account of an antecedent debt owed by the debtor to the defendant, while the debtor was insolvent, and within 90 days before the debtor filed his bankruptcy petition. However, the Court did not grant summary judgment on the hypothetical liquidation test under section 547(b)(5), which the debtor still bears the burden of proving.
Full Bankruptcy Court Decision:
