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