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Mary Glasser and Don Pomje were a married couple. They got married in May of 2005. During their marriage they owned several businesses, one of
- Mary Glasser and Don Pomje were a married couple. They got married in May of 2005. During their marriage they owned several businesses, one of which was TopHat43.They got divorced in June of 2019 and split all the assets in that divorce.Mr. Pomje was given TopHat43 in the divorce settlement.Mary had no interest in TopHat43 after the divorce.In November of 2019, Mr. Pomje needed some money to keep TopHat43 operating.He contacted Mary about a loan of $200,000 for the business.She agreed and they entered into a loan agreement were Mary agreed to loan him the $200,000 at 5% interest for one year.The agreement was entered into on November 15, 2019 and the entire amount, plus interest was to be repaid in one lump sum on November 14, 2020.
Mr. Pomje paid the entire amount back to Mary on March 1, 2020.However, on September 1, 2020 Mr. Pomje declared bankruptcy due to the pandemic causing him to lose most of his business.The trustee in bankruptcy claims that the early payment to Mary was a preferential treatment and wants her to give the money back.She has refused and the dispute is now in front of the bankruptcy court.Who will win and why? IRAC ANALYSIS.(Caution:There is a legal issue to this question that may not be completely obvious, but you must resolve that issue).
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