Fitzgerald v. Beesley (In Re Beesley)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ALFRED C. HAGAN, Chief Judge.

The trustee filed this action, under the provisions of 11 U.S.C. § 549(a), to avoid the post petition sale of a boat by the debtor to the defendant Jim Herzog. Mr. Herzog then transferred title to the boat to his business, Intermountain Marine Sales, Inc. The sale was not authorized by the court.

The debtor asserts the sale was in the ordinary course of business and therefore not an avoidable transfer under 11 U.S.C. § 549. In the alternative, the debtor contends he funded his unconfirmed chapter 13 plan with the proceeds of…