In re Grand Chevrolet, Inc.

26 F.3d 130 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re GRAND CHEVROLET, INC., and related entities, including: Grand Motors, Inc.; Grand Wilshire Finance Corporation; Grand Wilshire Capital, Inc., Debtors. Irving SULMEYER, Chapter 11 Trustee, Plaintiff-Appellant, v. PACIFIC BMW, Defendant-Appellee. No. 92-56267. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1994. Decided June 2, 1994. Before: FARRIS, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Trustee Irving Sulmeyer appeals the granting of summary judgment to Pacific BMW. The district court held that the transfers of 13 vehicles from the debtor to Pacific BMW were not preferential under 11 U.S.C. Sec. 547 (b). We have jurisdiction under 28 U.S.C. Secs. 158 (d) and 1291. We review de novo. In re Food Catering & Housing, Inc., 971 F.2d 396 , 397 (9th Cir.1992). 3 Pacific BMW argues 1) that the purchase agreements were executory; 2) that the parties rescinded the…