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IN RE TRI-UNION DEVELOPMENT CORP.

Bankruptcy No. 03-44908, Adversary No. 05-3758.

349 B.R. 145 (2006)

In re TRI-UNION DEVELOPMENT CORPORATION, Debtor. Jeffrey A. Compton, Plaintiff, v. Plains Marketing, LP, Defendant.

United States Bankruptcy Court, S.D. Texas, Houston Division.

September 7, 2006.

Attorney(s) appearing for the Case

Catherine Anne Devore, Eric B. Terry, Haynes and Boone LLP, Charles A Beckham, Jr, JoAnn Lippman, Patrick Lamont Hughes, Haynes & Boone, Thomas Alan Zabel, Burns Wooley et al, Houston, TX, Paul Joseph Goodwine, Schully Roberts et al., New Orleans, LA, for Debtor.

Mark Wayne Mehnert, Snow Fogel Cole LLP, Phil F. Snow, Jr., W. Ross Spence, Snow Fogel Spence LLP, Houston, TX, for Plaintiff.

D. Bobbitt Noel, Jr., Vinson & Elkins, LLP, Houston, TX, for Defendant.

MEMORANDUM OPINION

MARVIN ISGUR, Bankruptcy Judge.

For the reasons stated below, the Court finds that the transfer that is the subject of this adversary qualifies as a transfer in the ordinary course of business. Consequently, the Trustee is not entitled to recover the transferred funds as a preference.

Background

Tri-Union Development Corporation ("Tri-Union" or "Debtor") filed for bankruptcy on October 20, 2003. Four days prior to filing...

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