Compton v. Plains Marketing, LP (In Re Tri-Union Development Corp.)

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

For the reasons stated below, the Court finds that the transfer that is the subject of this adversary qualifies as a transfer in the ordinary course of business. Consequently, the Trustee is not entitled to recover the transferred funds as a preference.

Background

Tri-Union Development Corporation (“Tri-Union” or “Debtor”) filed for bankruptcy on October 20, 2003. Four days prior to filing, on October 16, Debtor transferred by direct deposit the sum of $94,348.50 to the defendant, Plains Marketing L.P. (“Plains”).

On October 17, 2005, Jeffrey…