Matthews Studio Equipment Group v. Matthews Studio Equipment Group

MEMORANDUM *

Appellant Philips BTS (“Philips”) appeals the district court’s order affirming the bankruptcy court’s order granting summary judgment in an adversary proceeding in favor of Debtor-Appellee Matthews Studio Equipment Group (“Matthews”). 1 Matthews, as debtor in possession, claimed that a pre-petition transfer in the amount of $791,031.61 made on behalf of Matthews to Philips was a preferential transfer and, thus, sought to avoid it. In avoiding the transfer, the bankruptcy court held in relevant part that there was no genuine *376 issue of fact as to Matthews’s claim that it was insolvent at the time of the transfer. We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm. Because the parties are familiar with the factual and procedural history, we do not repeat it here except to the extent necessary for our disposition.

I.

In reviewing the bankruptcy court’s order, “[w]e‘ stand in the same position as did the district court in reviewing the bankruptcy court’s order.” In re Levander, 180 F.3d 1114, 1118 (9th Cir.1999) (internal quotation marks omitted). Thus, as did the district court, “[w]e review [the] bankruptcy court’s decision to grant [Matthews’s]…