In Re National Gas Distributors, L.L.C.

346 B.R. 394 (2006)

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Nature of the Case

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Facts

NGD filed a petition for relief under chapter 11 on January 20, 2006. On January 24, P was appointed chapter 11 trustee. NGD had several ongoing credit transactions with D including a line of credit, a working capital loan, and letters of credit. None of these were secured by NGD's assets, but all of the obligations were subject to the guarantees of Mr. Lawing and his wife, and all of the obligations were secured by assets owned by Mrs. Lawing. The line of credit was evidenced by a promissory note dated March 31, 2003, in the principal amount of $1,000,000. The line of credit obligation was to mature on November 5, 2003, but the maturity was extended to November 5, 2004, and later extended to November 8, 2005, and then to December 23, 2005. On December 15, 2005, NGD transferred $755,329.80 to D to pay the balance outstanding under the line of credit note. The working capital loan was evidenced by a promissory note dated September 27, 2004, in the principal amount of $2,500,000. The working capital note was to mature on March 27, 2005, but the maturity was extended to August 5, 2005, and later extended to October 16, 2005, and then to December 23, 2005. On December 19, 2005, NGD transferred $2,508,186.35 to D to pay the balance outstanding under the working capital note. On December 20, 2005, NGD transferred $850,000 to D to collateralize NGD's obligations with respect to two letters of credit in the amounts of $600,000 and $250,000. D released property owned by Mrs. Lawing that D held as collateral to secure NGD's liability regarding the letters of credit. There is a motion for summary judgment filed by P for the chapter 11 debtor National Gas Distributors, LLC ('NGD'). P seeks to avoid and to recover, pursuant to 11 U.S.C. §§ 547 and 550, preferential transfers made by NGD to D. D claims under § 547(c)(2)(B) that the two loan payments in the amounts of $755,329.80 and $2,508,186.35 are not avoidable because they were 'made according to ordinary business terms.'