United States Ninth Circuit

A judgment under 11 U.S.C. section 549(a) avoiding the transfer to appellant of corporate bankruptcy debtor's accounts receivable which had a face value of approximately $200,600 is affirmed over appellant's claims that: 1) the transfer of accounts receivable was not an avoidable transfer because there was no depletion or diminution of debtor's estate; 2) the transfer was an outright sale of receivables in the ordinary course of business, and the defenses of recoupment and earmarking should apply to bar recovery by the trustee; and 3) even if it was avoidable, the wrong measure of recovery was awarded.

Appellate Information

• Argued 04/17/2007
• Decided 05/08/2008
• Published 05/08/2008

Judges

• THOMPSON, Senior Circuit Judge:, Before:  DAVID R. THOMPSON, ANDREW J. KLEINFELD, and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Philip M. Arnot, Stephen P. Arnot, The Arnot Law Firm, Eureka, CA, for the appellant.


• For Appellees:
  
• David N. Chandler, Sr., David N. Chandler, Jr., Santa Rosa, CA, for the appellee.