United States Fifth Circuit

In a bankruptcy trustee's action to avoid two pre-petition transfers made by debtor to creditor-bank, judgment for trustee is affirmed and award vacated where: 1) the "earmarking" doctrine did not apply and the payments were therefore impermissible preferential transfers; and 2) the entire transfer, not just a part of it, could be avoided under section 547(c)(2) of the bankruptcy code.

Appellate Information

• Decided 11/06/2008
• Published 11/06/2008

Judges

• PER CURIAM:, Before SMITH and PRADO, Circuit Judges, and YEAKEL, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• David J. Messina (argued), Fernand L. Laudumiey, IV, Gordon, Arata, McCollam, Duplantis & Eagan, New Orleans, LA, for Caillouet., Philip K. Jones, Jr. (argued), Carey L. Menasco, Liskow & Lewis, New Orleana, LA, for First Bank & Trust.