United States Eighth Circuit

In a chapter 11 bankruptcy case, judgment for a court-appointed plan administrator in his adversary proceeding seeking to avoid certain alleged preferential transfers is affirmed where the bankruptcy court properly found that a creditor failed to establish the third prong of the ordinary course defense, and abandoned its new value defense.

Appellate Information

• Decided 05/18/2006
• Published 05/18/2006

Judges

• GRUENDER, Circuit Judge., Before COLLOTON, JOHN R. GIBSON and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert Hammel Brownlee, argued, St. Louis, MO (William R. Bay and David D. Farrell, St. Louis, MO;  and Vincent T. Borst and Dennis A. Dressler, Chicago, IL, on the brief), for appellant.


• For Appellees:
  
• Kevin Michael Abel, argued, St. Louis, MO (Thomas C. Walsh and Jennifer S. Kingston, on the brief), for appellee.