Brock v. Draper (In Re Draper)

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter is before the court on the Trustee’s Motion for Summary Judgment. She states that she seeks to avoid a transfer by the Debtors to the Defendant pursuant to Bankruptcy Code section 547. Section 547 deals with preferential transfers for the benefit of creditors, however, and the court will treat the action as one under section 548, as a fraudulent conveyance. The court has jurisdiction of this matter pursuant to Judicial Code section 1334(a); it is core proceeding pursuant to Judicial Code section 157(b)(2)(H).

1. Factual and…