Official Committee of Unsecured Creditors of ABC-NACO, Inc., Ex Rel. ABC-NACO, Inc. v. Bank of America, N.A. (In Re ABC-NACO, Inc.)

MEMORANDUM OF DECISION

EUGENE R. WEDOFF, Bankruptcy Judge.

This adversary proceeding is a “Depri- zio-type” preference action — brought to avoid transfers of a debtor’s property, made between 90 days and one year before the debtor’s bankruptcy filing, in connection with a loan guaranteed by the debtor’s insiders. The proceeding is before the court on the post-trial motion of defendant Bank of America for judgment as a matter of law, pursuant to § 1213 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8, 119 Stat. 23 (“BAPCPA”).

As the parties acknowledge, §…