Boyd v. Superior Bank FSB (In Re Lewis)

OPINION

JO ANN C. STEVENSON, Bankruptcy Judge.

This matter comes before the Court on Trustee’s Motion for Partial Summary Judgment as to Count I of the Complaint and Superior Bank’s Motion for Summary Judgment as to All Counts. The principal issue before this Court is whether Superi- or Bank received preferential treatment under 11 U.S.C. § 547 or whether it is an equitable subrogee of Empire National Bank.

The claims presented in this adversary proceeding arise in a case referred to this Court by the Standing Order of Reference entered by the United States District Court for the Western…