Date of Decision:
November 15, 2012
Whether Defendant was an insider for the purposes of 11 U.S.C. § 547(b)(4)(B)?
No. On Trustee-Plaintiff's motion for summary judgment, the record established Debtor was an assistant manager at a truck stop owned by Defendant at the time of the allegedly preferential transfers. Even viewed in the light most favorable to Trustee-Plaintiff, however, the most that could be said was because of their employer-employee relationship, Defendant may have been able to compel Debtor to make the payments she made. That finding alone, however, would not support the further finding that Defendant was an insider.
Full Bankruptcy Court Decision: