As with the award of prejudgment interest itself, the rate of interest is likewise within the court’s sound discretion. Energy Co-op, 130 B.R. At 792 (citations omitted). Some bankruptcy courts have concluded that the coupon yield rate set forth in 28 U.S.C. § 1961 is appropriate. In re Helen Gallagher Enterprises, Inc., 126 B.R. 997, 1005 (Bankr.C.D.Ill. 1991).
Thus, Defendant established under § 547(c)(4) a subsequent new value defense to the preferential transfers. Mr. Larry Stallings joined the Defendant in 1992, and the Defendant’s finance, sales, manufacturing, and accounting departments all reported to him in his capacity as Defendant’s President and Chief Operating Officer. Stallings Tr., p. 4 (line 18); p. 5 (line 24)-p. schwinn ebike Stallings only “occasionally” became involved with contacting Defendant’s customers regarding slow payment of invoices. Stallings Tr., p. 6 (lines 12-15). However, Stallings testified that, several weeks before the Preference Period, he became concerned about the delinquencies owing from the Debtors and called Lamar to inquire about Debtors’ financial condition.
Schwinn sold an impressive 1.5 million bicycles in 1974, but would pay the price for failing to keep up with new developments in bicycle technology and buying trends. While every large bicycle manufacturer sponsored or participated in bicycle racing competition of some sort to keep up with the newest trends in technology, Schwinn had restricted its racing activities to events inside the United States, where Schwinn bicycles predominated. As a result, Schwinns became increasingly dated in both styling and technology.
That was a reasonable conclusion on their part given the frequency and urgency of the calls. Thus, the collection calls resulted in the Defendant receiving the transfers instead of other creditors of the Debtors. In this regard alone, Defendant has therefore failed to meet its burden under § 547(c)(2)(B). Contrary to Defendant’s contention, the post-bankruptcy substantive consolidation of the Debtors’ several bankruptcy estates does not support a calculation on a consolidated basis of the Defendant’s new value defense to pre-bankruptcy transactions. As found above, however, Defendant did establish at trial that the alleged new value shipments were actually received by the Debtor or its dealers, and that the new value shipments remained unpaid as of the Petition Date.
792 (Bankr.N.D.Ohio 1988). In Rafoth, the issue was whether, in a preference action, an “insider” of one of the consolidated debtors must be considered to be an “insider” of all of the consolidated debtors, solely because of the earlier substantive consolidation of the debtors’ bankruptcy estates. Rafoth, 88 B.R. The Rafoth court determined schwinn ebike that an “insider” of one of the consolidated debtors was not an “insider” of each of the other debtors merely as a result of the substantive consolidation order. The court based its conclusion on the lack of a factual finding in its substantive consolidation order that the Debtors constituted a single corporate operation.