IN RE PHOENIX RESTUARANT GROUP, INC.

Bankruptcy No. 301-12036. Adversary No. 303-0720.

316 B.R. 681 (2004)

In re PHOENIX RESTAURANT GROUP, INC., et al., Debtors. Phoenix Restaurant Group, Inc., et al., Plaintiffs, v. Lawson Software, Inc., Defendant.

United States Bankruptcy Court, M.D. Tennessee.

November 15, 2004.


Attorney(s) appearing for the Case

Beth A. Dunning, Dunning Law Group, PLLC, Brentwood, TN, Samuel K. Crocker, Timothy G. Niarhos, Nashville, TN, for Consolidated Debtors acting by and through Plan Administrator.

Candace L. Reed, Miller & Martin, PLLC, Nashville, TN, William J. Fisher, Gray, Plant, Mooty, Mooty & Bennett, PA, Minneapolis, MN, for Lawson Software, Inc.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issues on summary judgment are: 1) Is this preference action barred by res judicata or judicial estoppel attendant to confirmation of the plan; and 2) is the subsequent new value defense in 11 U.S.C. § 547(c)(4) available to this defendant. This action is not precluded by confirmation because the Confirmed Plan and Disclosure Statement adequately preserved preference actions. Defendant's subsequent new...

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