Spero v. Community Chevrolet, Inc. (In re Grooms)

MEMORANDUM OPINION

Thomas P. Agresti, Judge, United States Bankruptcy Court

This is a preference action filed by the Chapter 7 Trustee, Joseph B. Spero (“Trustee”), seeking to recover a $100,000 “criminal restitution” payment made pre-petition by the Debtor, Douglas Grooms (“Grooms”), to an automobile dealership operating under the name of Community Chevrolet (“CC”). The United States of America (“U.S.”) was not originally a party to the action but upon motion was permitted to intervene as a defendant based on its interest in the subject matter of the action since the “restitution” payment at…