In re Pysz
United States Bankruptcy Court for the District of New Hampshire
2008 WL 2001753 (2008)
Relevant factsFree
A creditor sued Pysz (Pysz) for unpaid professional services, obtained a judgment, and recorded a judicial lien against Pysz's logging equipment and real property. Less than 90 days later, Pysz filed for chapter 13 bankruptcy, and the trustee moved for summary judgment to avoid the judicial lien as a preferential transfer under 11 U.S.C. § 547(b).
IssueFree
Whether, under the Bankruptcy Code, the trustee may avoid a preferential payment made by an insolvent debtor within 90 days of filing a bankruptcy petition, if the payment enabled the creditor to receive more than the creditor would have received in a Chapter 7 liquidation.