IN RE PHOENIX RESTAURANT GROUP, INC.

Bankruptcy No. 301-12036. Adversary No. 303-0667.

316 B.R. 671 (2004)

In re PHOENIX RESTAURANT GROUP, INC., et al., Debtors. Phoenix Restaurant Group, Inc., et al., Plaintiffs, v. Fuller, Fuller & Associates, P.A., Defendant.

United States Bankruptcy Court, M.D. Tennessee.

November 8, 2004.


Attorney(s) appearing for the Case

Beth A. Dunning, Dunning Law Group, PLLC, Brentwood, TN, for Consolidated Debtors acting by and through the Plan Administrator.

Robert H. Waldschmidt, Howell & Fisher PLLC, Nashville, TN, for Defendant.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issues on summary judgment are whether the payment of attorney fees as part of a litigation settlement was 1) to or for the benefit of a creditor under 11 U.S.C. § 547(b)(1); 2) on account of an antecedent debt under 11 U.S.C. § 547(b)(2); 3) a contemporaneous exchange for new value under 11 U.S.C. § 547(c)(1); or 4) followed by new value under 11 U.S.C. § 547(c)(4). The attorney fee payment...

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