The court denied summary judgment for allegations of preferences and fraudulent transfers. Factual issues existed as to whether the creditor was an insider, and whether the transfers were made with intent to defraud. The judgment on which the creditor relied in collecting the debt was entered after the automatic stay was in effect, so it was void. Whether that stay violation was willful was a question to be determined at trial.
Date:
Tuesday, June 18, 2013
Judge:
Judge Timothy J. Mahoney (Retired)