Schatz v. Imperial Capital Bank (In Re Schatz)

MEMORANDUM OPINION

MARK W. VAUGHN, Chief Judge.

This matter comes before the Court on a motion for summary judgment filed by the Plaintiff/Debtor-In-Possession, Richard E. Schatz (the “Plaintiff’), and a cross-motion for summary judgment filed by the Defendant, Imperial Capital Bank (the “Defendant” or “ICB”). The Plaintiff seeks to set aside Defendant’s mortgage on the grounds that it constitutes a preferential transfer pursuant to 11 U.S.C. § 547(b) of the Bankruptcy Code. 1 Defendant also brings a motion for relief from the automatic stay. Beginning February 11, 2009, the Court held a…