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Reinbold v. Menard, Inc., No. 19-8110

The Debtor made $700,000 worth of purchases at Menard’s retail stores. The Chapter 7 Trustee, believing that the Debtor did not receive any of the purchased goods (she alleges that the Debtor’s principal and his related companies received the merchandise), seeks to avoid those transactions as fraudulent transfers under 11 U.S.C. §548(a). Menard moved for summary judgment and argued that a purchase by credit card does not involve a transfer of an interest of the debtor in property, as required under §548(a). The Trustee cross moved for summary judgment and argued that it does. The Trustee is correct. A debtor’s credit card purchase, like a cash or debit purchase, involves a transfer of an interest of the debtor in property. The Trustee’s motion was granted and Menard’s denied.

11 U.S.C. §548(a)(1)

Date: 
Thursday, November 14, 2024