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Trustee John S. Lovald v. Neil F. Schmidt, Jr., and Viking Aircraft Owners, LLC (In re Viking Glass, Inc. and SNE Enterprises, Inc.)

Bankr. No.: 
97-40115
Adv. No.: 
98-4011
Chapter: 
7
Date of Decision: 
November 16, 1998
Issue: 
Whether summary judgment for Plaintiff should be entered in this preference action?
Ruling: 
Plaintiff-Trustee was granted summary judgment on the issue of Debtor's insolvency at the time of transfer because the record indicated no disputed facts. Plaintiff was denied summary judgment on whether the transfer was for a reasonably equivalent value because the parties had offered conflicting evidence of valuation and each argued a different valuation method. Defendant's companion motion to dismiss was denied because the pleading problems raised therein had been resolved.
Full Bankruptcy Court Decision: