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IN RE MBS MANAGEMENT SERVICES, INC.

Bankruptcy No. 07-12151. Adversary No. 09-1158.

430 B.R. 750 (2010)

In re MBS MANAGEMENT SERVICES, INC., Debtor. Claude Lightfoot, Trustee for the MBS Unsecured Creditors' Trust, Plaintiff v. MXEnegy Electric, Inc., Defendant.

United States Bankruptcy Court, E.D. Louisiana.

May 7, 2010.

Attorney(s) appearing for the Case

Michael H. Piper, Steffes, Vingiello & McKenzie, LLC, Baton Rouge, LA, for Plaintiff.

MXEnergy, Inc., Stamford, CT, pro se.

D. Brent Wells, Jeffrey D. Stewart, Wells & Cuellar, P.C., Houston, TX, for Defendant.

MEMORANDUM OPINION

ELIZABETH W. MAGNER, Bankruptcy Judge.

Claude Lightfoot, as trustee for the MBS Unsecured Creditor's Trust, ("Trustee"), filed this adversary proceeding seeking to recover $156,345.93 from MXEnergy, Inc. ("MX") in preferential or fraudulent transfers.

MX filed the instant Motion for Summary Judgment alleging that the payments cannot be recovered because they were "settlement payments made to a forward contract merchant under...

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