Uecker & Assocs. v. Tenet Healthsystem Hosps. Inc. (In re West Contra Costa Healthcare Dist.)

Ruling: 
Sublease payments by chapter 9 debtor were not avoidable absent proof of insolvency at time sublease was entered.
Procedural posture: 
Plaintiff, a trustee of a trust for the benefit of creditors under a confirmed plan, filed a complaint pursuant to 11 U.S.C.S. § 548(a)(1)(B) against defendant creditor to avoid and recover certain lease payments made prepetition by a chapter 9 debtor to the creditor and to object to the creditor's claim unless the payments were repaid. The creditor filed a motion for summary judgment, and the trustee filed a motion for partial summary judgment.
Issue: 
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Commercial case opionion summary, case decided on March 26,2010, LexisNexis #0610-127