Imagine Fulfillment Services, LLC v. DC Media Capital, LLC (In re Imagine Fulfillment Services, LLC)

AMENDED MEMORANDUM OF DECISION RE: (1) PLAINTIFF IMAGINE FULFILLMENT SERVICES, LLC’S MOTION FOR PARTIAL SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF FACTS, AND (2) DEFENDANT DC MEDIA CAPITAL, LLC’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO SECOND AND FIFTH AFFIRMATIVE DEFENSES

Before the Court are (1) Plaintiff Imagine Fulfillment Services, LLC’s (“Plaintiff’ or “IFS”) Motion for Partial Summary Judgment, or in the Alternative, Summary Adjudication of Facts (“IFS’ Motion”) and (2) Defendant DC Media Capital LLC’s (“Defendant” or “DC Media”) Motion for Partial Summary Judgment as to Second and Fifth Affirmative Defenses (“DC Media’s Motion”). IFS seeks summary judgment that three prepetition transfers to DC Media are avoidable preferences under section 547(b). 1 DC Media seeks summary judgment that the transfers are not avoidable because the defenses set forth in section 547(c)(2) and section 547(c)(9) apply.

A hearing was held on November 5, 2012, at 10:00 a.m., at which time the Court heard oral argument and took this matter under submission. The Court, having considered the pleadings, evidentiary record, and the oral arguments of counsel, finds and…