Opinion
CASE NO. 09-02048 Adversary No. 12-00071
04-10-2015
IN RE: PMC MARKETING CORP Debtor(s) NOREEN WISCOVITCH RENTAS, CHAPTER 7 TRUSTEE Plaintiff v. VILLA BLANCA VB PLAZA LLC Defendant(s)
Chapter 7
OPINION & ORDER
Before the court is Plaintiff's Motion to Alter or Amend Judgment and Defendant's Opposition [Dkt. No.'s 50 and 51]. For the reason's stated in Defendant's Opposition whose factual findings and legal conclusions the court hereby adopts in its entirety, the Plaintiff's Motion to Alter or Amend Judgment is DENIED. Under the first two prongs of § 547(c)(2) and § 547(c)(2)(A), Defendant simply needs to demonstrate by a preponderance of the evidence that the specific transaction was ordinary as between the parties. The Debtor's Tenant's Ledger reveals an inconsistent payment date and thus demonstrates that the lessor/lessee payment relationship between the Debtor and the Defendant seemed to be a rather flexible one. Therefore, Defendant has met the burden for both § 547(c)(2) and § 547(c)(2)(A). Judgment already having been entered on 12/2/2015 [Dkt. No. 43], the Clerk shall close this adversary proceeding forthwith.
SO ORDERED
San Juan, Puerto Rico, this 10th day of April, 2015.
/s/
Brian K. Tester
U.S. Bankruptcy Judge