Gordon v. Vongsamphanh (In Re Phongsavath)

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

PAUL W. BONAPFEL, Bankruptcy Judge.

The Chapter 7 Trustee requests entry of summary judgment on his claim that the transfer of Debtor’s- interest in a 1997 Mercedes S420 to the Defendant is avoidable and recoverable for the estate pursuant to 11 U.S.C. §§ 547(b) and 550. Because there is a dispute of fact as to whether the Defendant is an insider for purposes of § 547(b)(4)(B), the Trustee’s motion for summary judgment is denied.

The following facts are not disputed. Debtor filed her chapter 7 bankruptcy petition on June 3, 2003. About five…