I just tried replying but it doesn't look like it worked. Do you think the letter below plus a copy of the customers check stub plus a copy of our invoice should be enough documentation for the trustee or should I attach anything else or add anything to this letter?
March 5, 2013
Mr. William Kaye, Managing Director of JLL Consultants, Inc.
Buffets R Restaurants Holdings, Inc.
c/o Protiviti, Inc.
1 East Pratt Street, Suite 800
Baltimore, MD 21202
RE: Response to Preference Demand In re: Buffets Restaurants Holdings, Inc., et al. Chapter 11, Bankruptcy Case No.12-10237
Dear Mr. Kaye:
My name isXXXXX I am the General Manager of the Daily Republic Newspaper, a creditor in the above referenced case.
Although the Daily Republic received funds from the Debtor during the ninety-day period preceding the Petition Date (January 18, 2012), or (“Preference Period”), the transfer is not recoverable because the transfer was made as a contemporaneous exchange from the perspective of both the Daily Republic and Tahoe Joe’s Famous Steakhouse and thus exempt under 11 U.S.C. Section 547(c)(1) as preference payment. I’ve included a copy of the check stub from Buffets Inc., and the statement showing the prepayment for the services provided to the debtor. Also, it is exempt as preference payment under 11 U.S.C. Section 547(c)(9) because the amount involved is less than $5,850.00.
If you have any additional questions or concerns, please do not hesitate to contact the Daily Republic via phone: XXX-XXX-XXXX, fax: XXX-XXX-XXXX or emailXXX@XXXXXX.XXX.
T Burt McNaughton
Daily Republic Newspaper