Covey v. Sonnemaker, Sonnemaker & Vespa, P.C. (In re Lovett)

ORDER

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

Charles E. Covey, Trustee, commenced this adversary proceeding seeking to recover a payment by the debtor to his former spouse’s attorneys on the ground that it constituted a preference under Section 547 of the Bankruptcy Code. At the pretrial conference, the parties agreed that the matter would be submitted to the Court for decision upon written briefs. According to the pretrial order, the issues to be decided are (1) whether the Trustee’s action to collect the preference is defeated by the fact that the payment was made by the debtor pursuant to…