United States Tenth Circuit

A bankruptcy debtor's title of "director emeritus" of defendant-company does not make the company a "per se insider" of the debtor, for purposes of a bankruptcy trustee's power to avoid preferential transfers to it under 11 U.S.C. section 547 (b) of the Bankruptcy Code. A person with a relationship designated in section 101(31)(A) of the Bankruptcy Code should be treated as an insider because of the high potential for control inherent in such relationships, and other persons may be found to be insiders in particular cases, based on the specific facts.

Appellate Information

• Decided 06/05/2007
• Published 06/06/2007

Judges

• HOLLOWAY, Circuit Judge., Before BRISCOE, HOLLOWAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jeremy C. Sink (Stephen W. Rupp, with him on the briefs), McKay, Burton & Thurman, Salt Lake City, Utah, for Appellant.


• For Appellees:
  
• Don J. Pool, The Law Firm of Powell & Pool, Fresno, California, for Appellee.