Anderson

In this consolidated opinion we address the separate appeals of Ganis Credit Corp. (“Ganis”) and Bank of the West. Their cases arose in the bankruptcy proceedings of Jan Weilert R.V., Inc. (“Debtor”) before the United States Bankruptcy Court for the Central District of California. The bankruptcy court issued a consolidated opinion holding that Debtor’s two payments to Ganis and two payments to Bank of the West were avoidable as preferential transfers under 11 U.S.C. § 547 (b), and not made in the ordinary course of business under § 547(c)(2). Anderson v. Ganis Credit Corp. (In re Jan Weilert R.V., Inc.), 245 B.R. 377, 388-89 (Bankr.C.D.Cal. 2000). Ganis first appealed to the Ninth Circuit Bankruptcy Appellate Panel (“BAP”), and Bank of the West first appealed to the U.S. District Court for the Central District of California.

Ganis now appeals from the BAP’s decision affirming the bankruptcy court’s decision that the lien payoffs of two trade-in vehicles were not made according to ordinary business terms as required by § 547(c)(2)(C). We reverse. The bankruptcy court’s findings as applied to trade-ins are erroneously limited to the average transaction in the industry…