Kipperman

MEMORANDUM DECISION

Chapter 7 trustee, Richard M. Kipper-man, (the “trustee”), filed this adversary proceeding against Sondra S. Sutherland (“Sutherland”) asserting claims for relief under § 544(a)(1), (2), and (3), § 545(2), and § 547(b).

Sutherland moved for summary judgment contending 1) that her charging lien was valid and attached to the proceeds from the sale of debtor’s real property; and 2) that her FLARPL lien was perfected and not subject to a preference attack since it was given in the ordinary course of business. “[I]n an abundance of caution,” the trustee’s opposition analyzed all the documents evidencing Sutherland’s various liens that allegedly secured her attorneys’ fees. The trustee’s cautious approach raised many issues not addressed in Sutherland’s initial pleadings. Accordingly, when the Court heard oral argument on July 7, 2006, both parties argued issues that were outside the scope of Sutherland’s initial motion. Thus, the review of Sutherland’s summary judgment motion has been extremely challenging due largely to the fact that the issues raised have been a moving target.

After hearing oral argument, the Court authorized additional briefs from both…