Coleman American Moving Services, Inc. v. First National Bank & Trust Co. of Kearney (In Re American Properties, Inc.)

MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 11 proceeding, the debtors-in-possession seek to avoid transfers made in a complicated transaction on the grounds the transfers were fraudulent and preferential.

The defendant, The First National Bank and Trust Company (FNB) of Kearney, Nebraska, denies the transfers were fraudulent and preferential and seeks to have its claim allowed as secured.

The issues for determination are:

1. Was property of the debtors transferred within the meaning of 11 U.S.C. § 547(b), and was the transfer a preference.

2. Was there actual intent…