Tower Credit, Inc. v. Schott
Martin A. Schott |
Tower Credit, Inc. |
United States Bankruptcy Court, Middle District of Louisiana |
3:2015cv00578 |
August 28, 2015 |
US District Court for the Middle District of Louisiana |
Baton Rouge Office |
John W. deGravelles |
Richard L. Bourgeois |
Bankruptcy Appeal (801) |
28 U.S.C. ยง 1334 Bankruptcy Appeal |
None |
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Document Text |
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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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