United States Tenth Circuit

Balance transfers from one credit card to another, made by debtors during the ninety-day period prior to the filing of their Chapter 7 petition, are preferential transfers under 11 U.S.C. section 547(b). Such payments constitute transfers of "an interest of the Debtor in property," because the debtor exercises control over the loaned proceeds even if he is never in actual possession of them, and such transactions deplete the bankruptcy estate.

Appellate Information

• Decided 12/30/2008
• Published 12/30/2008

Judges

• O'BRIEN, Circuit Judge., Before TACHA, BRISCOE, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Gaye B. Tibbets (with Jennifer Goheen-Lynch on the briefs) of Hite, Fanning & Honeyman, L.L.P., Wichita, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Elizabeth A. Carson (with Petra H. Johnson on the briefs) of Bruce, Bruce & Lehman, L.L.C., Wichita, KS, for Defendant-Appellee.