United States Ninth Circuit

Under 11 USC 547(b)(5), a bankruptcy trustee must still prove that a secured creditor received payments in excess of its secured interest during the 90 days before the debtor filed a petition, even if the creditor had a floating lien.

Appellate Information

• Argued 11/15/2000
• Decided 09/13/2001
• Published 09/13/2001

Judges

• CYNTHIA HOLCOMB HALL, Circuit Judge:, Before:  CYNTHIA HOLCOMB HALL, RYMER, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• K. John Shaffer, Stutman, Treister & Glatt, P.C., Los Angeles, California, for the plaintiff-appellant.


• For Appellees:
  
• Jennifer L. Palmquist and Lauren E. Winters, Garvey, Schubert & Barer, Portland, Oregon, for the defendant-appellee.