Bankr. No.:
99-50153
Adv. No.:
01-5008
Chapter:
7
Date of Decision:
October 26, 2001
Issue:
Whether summary judgment should be granted regarding certain voidable preferential transfers and voidable post-petition transfers alleged by the Trustee where Defendant-Bank had raised the defense that the transfers were in the ordinary course of business?
Ruling:
Summary judgment was granted to the Trustee as to certain pre-petition transfers that Defendant-Bank had admitted were not in the ordinary course of business and as to certain post-petition transfers that were not authorized by the Bankruptcy Code or the Court. Trial was ordered on the remaining issues, beginning with whether Defendant-Bank possessed a pre-petition right of setoff that precluded the avoidance of any of the pre-petition transfers.
Full Bankruptcy Court Decision:
