IN RE PFANKUCH

Bankruptcy No. No. 07-01469-JDP. Adversary No. 08-6005.

393 B.R. 18 (2008)

In re Paul Whipple PFANKUCH and Bonita Mae Pfankuch, Debtors. John Krommenhoek, Chapter 13 Trustee for the Bankruptcy Estate of Paul and Bonita Pfankuch, Plaintiff, v. Bankruptcy Estate of Pfankuch Food Services, Inc., by and through Jeremy J. Gugino, Chapter 7 Trustee, Defendant/Counter-Plaintiff.

United States Bankruptcy Court, D. Idaho.

July 15, 2008.


Attorney(s) appearing for the Case

Kimbell D. Gourley, Trout, Jones, Gledhill, Fuhrman, Boise, ID, for Plaintiff.

Jeremy J. Gugino, Boise, ID, Chapter 7 Trustee.


MEMORANDUM OF DECISION

JIM D. PAPPAS, United States Bankruptcy Judge.

Introduction

A bankruptcy trustee's action seeking to avoid a preferential transfer to a creditor is familiar fare for this Court. Typically, the trustee and preferred creditor differ on whether the elements of the trustee's claim required by the Code have been satisfied, or whether perhaps one or more of the several defenses afforded to the creditor may apply.

But this...

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