Four Winds Enterprises, Inc. v. First National Bank (In re Four Winds Enterprises, Inc.)

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is whether the untimely filing of a UCC financing statement falls within the “ordinary course of business” exception to preferences of 11 U.S.C. § 547(c)(2).

The issue arises on the motion of debtor Four Winds Enterprises, Inc. (“Four Winds”) for summary judgment.

This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157(b)(1) and General Order No. 312-D of the United States District Court, Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F).

FACTS

In 1982, First…