MEMORANDUM OF DECISION AND ORDER PRESENT: HONORABLE SCOTT W. DALES , Chief United States Bankruptcy Judge . I. INTRODUCTION Robert A. Stariha, Esq., drafted the warranty deed at the center of this adversary proceeding, helping his clients effect the real estate transfer that chapter 7 trustee Jeff A. Moyer (the "Trustee") now seeks to avoid as a fraudulent conveyance. To assist in proving his case, the Trustee moves to compel Mr. Stariha to testify (and produce documents) about his...
OPINION AFTER TRIAL Scott W. Dales , United States Bankruptcy Judge . I. INTRODUCTION By the time of trial in this preference dispute, the only issue for decision was whether the $6,000.00 payment by chapter 7 debtor Carol K. Rosich to her son, Christopher Rosich, representing proceeds of a vehicle in which he held a perfected security interest, qualifies as a contemporaneous exchange for new value within the meaning of 11 U.S.C. 547(c)(1). For the following reasons, the court finds...
FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL Scott W. Dales , United States Bankruptcy Judge . I. BACKGROUND At the center of this dispute between an unhappy creditor and a bankruptcy trustee lies a now-defunct manufacturing facility in Benton Harbor, Michigan (the "Property"). The Property, commonly known as 489 North Shore Drive, Benton Harbor, Michigan, served as the factory, warehouse, and offices of Modern Plastics Corporation (the "Debtor"), as well as the collateral for a...
