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IN RE SILVER

Bankruptcy No. 11-87-01194 R S, Adv. No. 87-0271 R.

130 B.R. 329 (1991)

In re Aaron D. SILVER and Jerilyn H. Silver. Aaron D. SILVER and Jerilyn H. Silver, Plaintiffs, v. AVNET, INC., Defendant.

United States Bankruptcy Court, D. New Mexico.

August 6, 1991.

Attorney(s) appearing for the Case

James Jacobsen, Albuquerque, N.M., for Silver.

Debra Romero Thal, Albuquerque, N.M., for Avnet, Inc.

MEMORANDUM OPINION

STEWART ROSE, Chief Judge.

The ruling of the court is that Defendant Avnet received an avoidable preference under section 547 when it collected its judgment from the plaintiffs Silver. Silver could not have intended a contemporaneous exchange by payment of a judgment in exchange for a release of a judgment lien when he did not know of the existence of the judgment lien. One can not intend to make an exchange if he is unaware that he is...

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