Tower Credit, Inc. v. Schott
Appellee: Martin A. Schott
Appellant: Tower Credit, Inc.
Notice Only: United States Bankruptcy Court, Middle District of Louisiana
Case Number: 3:2015cv00578
Filed: August 28, 2015
Court: US District Court for the Middle District of Louisiana
Office: Baton Rouge Office
Presiding Judge: John W. deGravelles
Presiding Judge: Richard L. Bourgeois
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. ยง 1334 Bankruptcy Appeal
Jury Demanded By: None

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Date Filed Document Text
March 24, 2016 Opinion or Order Filing 12 RULING: Interpreted naturally, § 547 in toto leaves no doubt about the fact that the garnishments collected by Tower beginning on August 19, 2012, occurred ninety-days prior to the Petition Date. In light of § 547(e)(3), the Order's pe rfection cannot be deemed dispositive, for until the wages were earned, the Debtor had acquired no right to collect a penny or a dollar. Accordingly, the Bankruptcy Court's ruling and subsequent judgment, holding that the garnishment payments ma de from August 19, 2012, through November 17, 2012, are preferential payments pursuant to § 547(b) and are avoidable because the transfers took place within ninety days of the Debtor's bankruptcy filing, is hereby AFFIRMED. Signed by Judge John W. deGravelles on 03/24/2016. (NLT)
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Appellee: Martin A. Schott
Represented By: Martin A. Schott
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Appellant: Tower Credit, Inc.
Represented By: Richard D. Bankston
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Notice only: United States Bankruptcy Court, Middle District of Louisiana
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