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Parks v. FIA Card Servs. (In re Marshal)

The district court for the District of Kansas affirmed a decision of a bankruptcy court that payments made by debtors within 90 days preceding the filing of their chapter 7 petition from one set of credit card accounts to credit card accounts with appellee, the creditor's successor, were not avoidable preferential transfers under 11 U.S.C.S. § 547(b) as urged by appellant, the bankruptcy trustee. The trustee appealed.
Bankruptcy and district courts erred in holding that credit card balance transfers were not avoidable preferential transfers.
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Consumer case opionion summary, case decided on December 30,2008, LexisNexis #0209-030