In Re Grand Chevrolet, Inc.

25 F.3d 728 62 USLW 2771 , Bankr. L. Rep. P 75,868 In re GRAND CHEVROLET, INC., and related entities, including: Grand Motors, Inc.; Grand Wilshire Finance Corp., Grand Rizal Finance Corp., Grand Wilshire Capital, Inc., Debtors. Irving SULMEYER, Chapter 11 Trustee, Plaintiff-Appellant, v. Pacific SUZUKI, Defendant-Appellee. No. 92-56461. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1994. Decided May 6, 1994. As Amended on Denial of Rehearing June 24, 1994. Steven R. Wainess, Sulmeyer, Kupetz, Baumann & Rothman, Los Angeles, CA, for plaintiff-appellee. Pamela Webster, Buchalter, Nemer, Fields & Younger, Los Angeles, CA, for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before: FARRIS, RYMER and KLEINFELD, Circuit Judges. Opinion by Judge FARRIS FARRIS, Circuit Judge: 1 Trustee Irving Sulmeyer appeals the granting of summary judgment to Pacific Suzuki. The district court held that transfers from Grand Motors, Inc. to Pacific were not voidable as preferences because they fell within the ordinary course of business exception, 11 U.S.C. Sec. 547 (c)(2), and the contemporaneous exchange…