Zimmerman v. Itano Farms, Inc. (In Re Currey)

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

This is a preference action. The relevant facts have been stipulated by the parties.

In April, 1991, Debtor Fred Currey was convicted of passing bad checks to Defendant Itano Farms, Inc. arising out of a purchase by Debtor of cattle from the Defendant. The state criminal court placed Debtor on probation and ordered that he pay Defendant restitution in the amount of $50,250, the face amount of the worthless checks.

On August 19, 1991, Debtor and his wife filed for Chapter 7 relief. The Plaintiff is the trustee of their bankruptcy estate.…