IN RE OGDEN

No. 00-4055.

314 F.3d 1190 (2002)

In re Wayne R. OGDEN, Debtor. Steven R. Bailey, Trustee of the Estate of Wayne R. Ogden, Plaintiff-Appellee, v. Big Sky Motors, Ltd., a Utah Corporation, doing business as Big Sky Finance, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 30, 2002.


Attorney(s) appearing for the Case

Noel S. Hyde, South Ogden, Utah, for Appellant.

Leslie J. Randolph, of McDowell & Gillman, P.C., Salt Lake City, Utah (Duane H. Gillman with her on the brief), for Appellee.

Before TACHA, Chief Judge, and HENRY and BRISCOE, Circuit Judges.


HENRY, Circuit Judge.

Big Sky Motors, Ltd., appeals a decision of the district court affirming a decision of the bankruptcy court. See Big Sky Motors, Ltd. v. Bailey, No. 299CV270B, 2000 WL 33672946 (Bankr.D. Utah Feb. 4, 2000). Big Sky advances two principal arguments: (1) that the trustee did not establish the elements necessary to avoid a transfer of the debtor's assets under 11 U.S.C. § 547; and (2) that, under 11 U.S.C. § 550, an escrow agency...

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