IN RE: DWIGHT WINKLER SHERRY WINKLER CASE NO. 90-01535

UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF KENTUCKY

LEXINGTON

IN RE:

DWIGHT WINKLER

SHERRY WINKLER

d/b/a Custom Builders Insulation, Inc. CASE NO. 90-01535

DEBTOR

ROBERT J. BROWN, TRUSTEE PLAINTIFF

v. ADV. NO. 92-5079

RICHMOND BANK & TRUST COMPANY, et al. DEFENDANTS

SYNOPSIS

Trustee's motion for summary judgment on complaint to recover preference under 11 U.S.C. 547(b) was denied because of existence of questions of fact on the issues of: whether Ballou benefitted from payments made by the debtors to Richmond Bank and whether Ballou was an insider of the debtor. Furthermore, the determination of whether the "ordinary course of business" exception of 11 U.S.C. 547(c)(2)is applicable requires a "'peculiarly factual analysis' which, at least in this case, includes observing the demeanor of the witnesses as they testify."

Dated: Feb. 14, 1994.

 

By the court -

 

Joe Lee, Chief Judge

 

Copies to:

Michael R. Eaves

Ann E. Samani

Robert L. Treadway

James R. Westenhoefer

Maxie E. Higgason

Clint Wimberly

James L. Hayden