Shults & Tamm v. Brown (In re Hawaiian Telcom Communs. Inc.)

Ruling: 
Postpetition severance payments to debtor's former employee were avoidable as agreement was not executory, was not assumed and payments were not made in ordinary course of business.
Procedural posture: 
Plaintiff litigation trustee filed an adversary proceeding against defendant, a former employee of the debtors, to recover allegedly avoidable transfers. The parties filed motions for summary judgment as to the count which sought to avoid postpetition severance payments to defendant under 11 U.S.C.S. § 549.
Issue: 
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Commercial case opionion summary, case decided on January 30,2012, LexisNexis #0212-128