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IN RE MURRAY, INC.

BAP No. 07-8064.

392 B.R. 288 (2008)

In re MURRAY, INC., Debtor. William Kaye, Plaintiff-Appellant, v. Agripool, SRL, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: 24, 2008.

Attorney(s) appearing for the Case

ARGUED AND ON BRIEF: Jeffrey P. Nolan, Pachulski, Stang, Ziehl & Jones, Los Angeles, CA, for Appellant.

ARGUED AND ON BRIEF: Randal S. Mashburn, Baker, Donelson, Bearman, Caldwell & Berkowitz, Nashville, TN, for Appellee.

ARGUED: Phillip G. Young, Jr., Bass, Berry & Sims, Nashville, TN, for Appellant.

ARGUED: John H. Rowland, Courtney H. Gilmer, Baker, Donelson, Bearman, Caldwell & Berkowitz, Nashville, TN, for Appellee.

Before: RHODES, SCOTT, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

OPINION

JOSEPH M. SCOTT, JR., Bankruptcy Judge.

William Kaye, Trustee of the Murray Liquidating Trust ("Trustee"), appeals an order of the bankruptcy court dismissing his adversary complaint against Agripool, SRL ("Agripool") to avoid certain payments as preferential transfers and recover $271,242.90 pursuant to 11 U.S.C. §§ 547 and 550. The bankruptcy court found that Agripool proved the ordinary course of business defense under 11 U.S.C. §...

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