Phoenix Restaurant Group, Inc. v. Lawson Software, Inc. (In Re Phoenix Restaurant Group, Inc.)

Memorandum

KEITH M. LUNDIN, Bankruptcy Judge.

The issues on summary judgment are: 1) Is this preference action barred by res judicata or judicial estoppel attendant to confirmation of the plan; and 2) is the subsequent new value defense in 11 U.S.C. § 547(c)(4) available to this defendant. This action is not precluded by confirmation because the Confirmed Plan and Disclosure Statement adequately preserved preference actions. Defendant’s subsequent new value defense cannot be resolved on summary judgment because of material disputed facts.

I. Facts

Phoenix Restaurant Group, Inc. (“PRG”), a Georgia…