In Flooring Systems, Inc. v. Chow, these events led to a dispute about whether a preferential transfer occurred:
- June 2007: Flooring Systems, Inc. obtains a Texas state court judgment against Eric Poston.
- October 26, 2007: State court appoints a receiver to collect assets to satisfy the judgment.
- November 20, 2007: Flooring Systems serves Plain Capital Bank with a certified copy of the receivership order.
- December 18, 2007: Bank turns over $22,923.05 check.
- January 15, 2008: Receiver pays Flooring Systems $18,529.64
- January 31, 2008. Poston files for bankruptcy, Chow appointed as trustee.
If the transfer was made on October 26, it did not implicate the 90-day preferential transfer period in the Bankruptcy Code; if made on the 20th, it did. Citing a Texas statute that provides: “[T]he rights of a receiver . . . do not attach until the financial institution receives service of a certified copy of the order of receivership . . . ,” the Fifth Circuit held that the transfer did not occur until the date of service on the bank, and affirmed. No. 13-41050 (Aug. 28, 2014).