Luker v. Heartland Community Bank (In Re Frankum)

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

AUDREY R. EVANS, Bankruptcy Judge.

Now before the Court is the Second Motion for Summary Judgment or, in the alternative, for Partial Summary Judgment (docket #35) (“Motion for Summary Judgment”), brief in support, and statement of undisputed facts, filed by the Plaintiff-Trustee, James C. Luker (“Trustee”). In the Motion for Summary Judgment, the Trustee alleges that a $500,000 payment made to Defendant, Heartland Community Bank (“Heartland”), out of funds in which the Debtors have an interest, constituted a preferential transfer subject to avoidance…