Stallings claimed that he gained familiarity with the contractual payment terms which Precor offered to its dealers through certain conversations he had with Precor dealers during his tenure at the Defendant. Stallings Tr., p. 74 (lines 1-11). As a result of his discussions with certain Precor dealers, Stallings asserted that Precor’s contractual terms to its dealers for payment were 30 days after invoice, the schwinn beach cruiser same contractual terms offered by the Defendant. Stallings Tr., p. 75 (lines 6-13). Stallings’ testimony on the ordinary business terms in the treadmill industry was based on and limited to only his purported familiarity with Precor’s contractual terms. Thus, the Defendant did not present any evidence as to the contractual payment terms offered by any of the other manufacturers in the treadmill industry.
As in Rafoth, the consolidation order in the related Schwinn cases did not contain a factual finding that the several Debtors constituted a single corporate operation. Additionally, § 101(31), the Code provision at issue in Rafoth defines “insider” based on the person’s relationship with the “debtor,” the same defined term used in § 547(c)(4) to describe who must benefit from alleged subsequent new value. See 11 U.S.C. § 101(31) and 547(c)(4). However, Mr. Lamar testified that during the Preference Period he received weekly and twice-weekly telephone calls from Mr. Stallings, the Defendant’s President. 39, p. 11 (lines 1-6); p. 13 (lines 5-10). 39, p. 12 (lines 9-25).
1014, 1020 (Bankr.N.D.Ill. 1994) (Schmetterer, J.). “The doctrine is intended to protect the courts from being manipulated by litigants who seek to prevail twice on opposite theories.” Id. Although the doctrine schwinn ebike is usually applied to successive suits, it is not so limited. Continental Illinois Corp. v. Commissioner of Internal Revenue, 998 F.2d 513, 518 (7th Cir. 1993), cert. Denied, 510 U.S. 1041, 114 S.Ct.
In sum, the foregoing evidence demonstrated that the transfers were not made in the ordinary course of dealing between Debtors and the Defendant. Rather, the Defendant made telephone calls to the Debtors requesting payment of their outstanding indebtedness and communicating to Debtors that new product would not be shipped unless at least some of the past due amounts were paid. These telephone calls from the schwinn ebike Defendant to the Debtors were a departure from the prior course of dealing of the parties. Thus, the evidence showed that the payments were unusual in that they were different from the Debtors’ prior payment practices, and they resulted from unusual collection efforts by the Defendant. Thorholm testified that he had discussions with Murray and Lamar after each of Lamar’s telephone calls from Stallings.
W. Schwinn, grandson Frank Valentine Schwinn took over management of the company. While an award of prejudgment interest is generally within the bankruptcy court’s discretion, In re Vic Bernacchi Sons, Inc., 170 B.R. 647, 656 (Bankr.N.D.Ind. 1994), it has properly been held in actions to recover a preferential transfers that the victorious plaintiff is entitled to prejudgment interest from the date of demand for return or, if no demand was made, from commencement of the adversary proceeding. In re Pearson Industries, Inc., 152 B.R. 546, 560 (Bankr.C.D.Ill. 1993); Vic Bernacchi, 170 B.R.
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