United States First Circuit

In bankruptcy trustee's action to recover money paid to a creditor, bankruptcy court's award of $20,000 preference recovery judgment against National Lumber is affirmed where: 1) a conclusion that the debtor exercised sufficient control over the funds at issue to demonstrate that they were an interest of the debtor in property is supported by the record; and 2) successor judge had no obligation to recall witnesses or to order a new trial.

Appellate Information

• Decided 10/15/2009
• Published 10/15/2009

Judges

• JOHN R. GIBSON, Circuit Judge., Before BOUDIN, JOHN R. GIBSON, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark E. Barnett, for appellant.


• For Appellees:
  
• Lynne F. Riley, for appellee.