IN RE PHONGSAVATH

Bankruptcy No. A03-67849-PWB, Adversary No. 04-6529.

328 B.R. 895 (2005)

In the Matter of Geena PHONGSAVATH, Debtor. Neil C. Gordon, Chapter 7 Trustee for the Estate of Geena Phongsavath, Plaintiff v. Souksavanh Vongsamphanh, Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

August 5, 2005.


Attorney(s) appearing for the Case

Wynn Pelham, Wynn Pelham, PC, Lawrenceville, GA, for Debtor.

Michael F. Holbein, Arnall Golden Gregory LLC, Atlanta, GA, for Plaintiff.


ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

PAUL W. BONAPFEL, Bankruptcy Judge.

The Chapter 7 Trustee requests entry of summary judgment on his claim that the transfer of Debtor's interest in a 1997 Mercedes S420 to the Defendant is avoidable and recoverable for the estate pursuant to 11 U.S.C. §§ 547(b) and 550. Because there is a dispute of fact as to whether the Defendant is an insider for purposes of § 547(b)(4)(B), the...

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