Leake v. United States ex rel. Farmers Home Administration United States Department of Agriculture (In re Carper)

MEMORANDUM OPINION

THOMAS J. WILSON, III, Chief Judge.

This matter arises upon the Trustee’s Complaint to avoid certain transfers of property of Donald L. Carper, Sr., a Debtor herein (the “Debtor”), to the United States of America, through the Farmers Home Administration (“FmHA”). The “transfers” involved herein are the attachment of security interests in favor of FmHA in milk sale proceeds generated by the Debtor’s dairy-farming operation within the 90-day preference period of 11 U.S.C. § 547(b)(4)(A). The Trustee maintains that the transfers are avoidable pursuant to 11 U.S.C. § 547(b) and…