IN RE PHOENIX RESTAURANT GROUP, INC.

Bankruptcy No. 301-12036, Adversary No. 303-0740A.

317 B.R. 491 (2004)

In re PHOENIX RESTAURANT GROUP, INC., et al., Debtors. Phoenix Restaurant Group, Inc., et al., Plaintiffs, v. Ajilon Professional Staffing LLC d/b/a Ajilon Finance f/k/a Accountants On Call, Inc., Defendants.

United States Bankruptcy Court, M.D. Tennessee.

December 1, 2004.


Attorney(s) appearing for the Case

Samuel K. Crocker, Timothy G. Niarhos, Crocker & Niarhos, Nashville, TN, for Consolidated Debtors acting by and through Plan Administrator.

Philip D. Irwin, David G. Thompson, Neal & Harwell, Nashville, TN, for Ajilon Professional Staffing LLC.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

In this preference action, the Defendant moves for summary judgment with respect to the subsequent new value defense in 11 U.S.C. § 547(c)(4). To prevail under § 547(c)(4) the Defendant must demonstrate that the debtor did not repay the new value with an otherwise unavoidable transfer. Post petition transfers to or from the estate are not considered in § 547(c)(4) analysis. Because this Defendant...

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