Summary
approving agreement as it would aid the estate in "maximiz[ing] its recovery" and there was "no danger of inequitable recovery"
Summary of this case from Ecosource, LLC v. Aquino (In re LP & D, Inc.)Opinion
Nos. 97-5055, 97-5057
Argued: February 24, 1998
Decided: April 27, 1998
Appeal from a judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Judge) affirming the bankruptcy court's decision that a payment was made in the ordinary course of business within the meaning of 11 U.S.C. § 547(c)(2) and was, therefore, not avoidable. We affirm.
Richard L. Weisz, Hodson, Russ, Andrews, Woods Goodyear, Albany, New York, for Appellants.
Murray S. Brower, Thorn Gershon, Albany, New York, for Appellee.
William M. McCarthy, trustee for the estate of Vogel Van Storage, Inc. ("Vogel Van"), appeals from a judgment of the United States District Court for the Northern District of New York, affirming the bankruptcy court's conclusion that a payment by Vogel Van to appellees was made in the ordinary course of business for purposes of 11 U.S.C. § 547(c)(2) and was therefore not avoidable as a preferential transfer pursuant to Section 547(b). We affirm for substantially the reasons stated in Judge Scullin's opinion. In re Vogel Van Storage, Inc., 210 B.R. 27, 34-37 (N.D.N.Y. 1997).
Because we agree with Judge Scullin that Vogel Van's payment was made in the ordinary course of business, we do not reach appellees' assertion on cross-appeal that Key Bank, a creditor of Vogel Van, was not entitled under 11 U.S.C. § 547(b) to pursue, on behalf of the bankruptcy estate, the appeal from the bankruptcy court's judgment.
We therefore affirm.