Richardson v. Ford Motor Credit Co. (In Re Casias)

OPINION

LARRY LESSEN, Bankruptcy Judge.

The issue before the Court is whether the Trustee may avoid as a preference wages paid to a judgment creditor within 90 days of a debtor’s bankruptcy where a state court wage deduction order was entered more than 90 days before the bankruptcy was filed.

The parties have stipulated to the material facts. The Debtor, Jamie Casias, filed a petition pursuant to Chapter 7 of the Bankruptcy Code on February 11, 2005. The Plaintiff, Jeffrey Richardson, is the Debtor’s Chapter 7 Trustee. The Defendant, Ford Motor Credit Company, is an unsecured creditor of the…