Covey v. Nash Crane Service, Inc. (In Re Pierce Development Corp.)

OPINION

THOMAS L. PERKINS, Chief Judge.

This matter is before the Court after trial on the complaint filed by the Trustee, Charles E. Covey (TRUSTEE), against Nash Crane Service, Inc. (NASH), to avoid and recover as preferences two payments received by NASH from the Debtor, Pierce Development Corporation (DEBTOR).

The facts are largely undisputed. NASH concedes the TRUSTEE’S prima facie preference case admitting that each of the five elements of section 547(b) are established. The sole issue is whether NASH has carried its burden to prove that the payments are shielded by the ordinary course…