Edward W. Minte Co. v. Franey & Parr (In Re Edward W. Minte Co.)

DECISION RE ISSUE OF AN INSURANCE BROKER’S ENTITLEMENT TO § 507(a)(1) PRIORITY PRESENTED BY FRANEY & PARR’S MOTION FOR SUMMARY JUDGMENT

S. MARTIN TEEL, Jr., Bankruptcy Judge.

This is a proceeding under the Bankruptcy Code 1 to recover payments that are allegedly avoidable under § 547(b) as preferences. 2 The defendant, Franey & Parr (“F & P”), has filed a Motion for Summary Judgment (“Motion”). This decision addresses why the court concludes that, in determining under § 547(b)(5) what F & P would have received in a liquidation under chapter 7, none of F & P’s claims would have been entitled to…