Lansdowne v. Oregon Bank (In re Bagwell)

29 B.R. 457, 1983 Bankr. LEXIS 6526
United States Bankruptcy Court, D. Oregon·Decided March 30, 1983·No. Bankruptcy No. 680-06277; Adv. No. 682-7103·Published·Cited by 1 cases

Opinion

MEMORANDUM OPINION

C.E. LUCKEY, Bankruptcy Judge.

Plaintiff-trustee seeks to recover payments made by the debtor to The Oregon Bank (Bank) totalling $61,340.17 as voidable preferences under 11 U.S.C. Section 547. The Bank, relying on 11 U.S.C. Section 547(c)(2) and (4) has moved for summary judgment. At a hearing on the Bank’s motion the parties agreed that no genuine issue as to any material fact existed and agreed to submit the matter by providing additional memoranda. All memoranda are now received and the record reveals the following facts.

The debtor herein purchased goods from S and J Cedar Products, aka Veneta Cedar Products, Inc. (Veneta). The Bank and Ve-neta had a financing arrangement which was described in an affidavit of the Bank’s branch manager Carolyn Nading as follows:

“Veneta Cedar Products, Inc. (‘Vene-ta’), formerly operated under the assumed business name of S & J Cedar Products, was, and for some time prior to the events hereinafter referred to had been, a customer of the Bank.
The Bank had made both a term loan and an operating loan to Veneta. The balance owing on the operating loan on April 1, 1980, when bankruptcy No. 680-06277, entitled ‘In re Lonnie Ray Bag-well, dba P & L Distributors Shake & Cedar Products, L.B. Shake Co. and Little L.B. Mill, and Phyllis Lorene Bagwell, Debtors’, was commenced was $50,115.00.
The arrangements between Veneta and the Bank provided for the making of advances by the Bank to Veneta against invoices covering materials and lumber products sold by Veneta to the Debtor. Each such invoice was assigned by Vene-ta to the Bank, a stamped assignment being imprinted upon the invoice which directed that the payment of the invoice be made directly to the Bank.
Upon the receipt by the Bank of payment of a particular invoice, the amount received was credited first against the advance against the particular invoice, and the balance, if any, credited to Vene-ta’s bank account. At all times hereinafter mentioned, the indebtedness of Ve-neta to the Bank exceeded any amount received by it on any particular invoice in excess of the advance against that invoice.”

Veneta sold goods to the debtor covered by the invoices set out in the following chart, against which the Bank made advances, on the dates and for the amounts indicated. Payments made by the debtor to the Bank are listed with dates and payment amounts indicated.

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Lansdowne v. Oregon Bank (In re Bagwell), 29 B.R. 457, 1983 Bankr. LEXIS 6526 (Or. 1983).

29 B.R. 457 (Lansdowne v. Oregon Bank (In re Bagwell)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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