Lightfoot v. MXEnergy Electric, Inc. (In Re MBS Management Services, Inc.)

EDITH H. JONES, Chief Judge:

The bankruptcy Trustee of MBS Management Services, Inc. (“MBS”), a management company for dozens of apartment complexes, appeals judgments rejecting his claim that payments made by the debt- or to MXEnergy Electric, Inc. (“MX”) to reimburse MX for supplying electricity to the complexes were avoidable preferences. We agree with the bankruptcy and district courts that the payments were made on a “forward contract” expressly exempt from the Bankruptcy Code’s preference provision under 11 U.S.C. § 546(e). AFFIRMED.

I.Background

MBS provided management services for…