Davis v. I.P.H.F.H.A., Inc. (In Re Amarillo Mesquite Grill, Inc.)

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

The chapter 7 trustee seeks to avoid as preferences under 11 U.S.C. § 547(b) 1 debtor’s payments to defendant IPHFHA for past due insurance premiums totaling $46,563.91. Defendant stipulated at trial that all elements of a preference have been established but asserts the ordinary course of business defense set forth in § 547(c)(2) and the new value defense available in § 547(c)(1). The plaintiff also filed a motion to exclude certain invoices produced belatedly by defendant and offered as exhibits at trial. 2 Trial of his matter was held July…