Miller v. Cumis Insurance Society (In re Lacefield)

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

This matter is before the Court on cross Motions for Summary Judgment. The issue to be resolved herein is whether criminal restitution payments are avoidable as preferential transfers pursuant to 11 U.S.C. § 547(b). This Court has jurisdiction of this matter pursuant to 28 U.S.C. § 1334(b); it is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F).

The parties have entered into an Agreed Stipulation of Facts which sets out certain undisputed facts. The debtor herein embezzled $22,972.76 from his employer, Roll Forming Corporation…