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IN RE AGRIPROCESSORS, INC.

No. 16-1856, No. 16-1955.

859 F.3d 599 (2017)

IN RE: AGRIPROCESSORS, INC., Debtor Joseph E. Sarachek, in his capacity as Chapter 7 Trustee, Appellee v. Luana Savings Bank, Appellant American Bankers Association; Iowa Bankers Association, Amici on Behalf of Appellant(s), In re: AgriProcessors, Inc., Debtor Joseph E. Sarachek, in his capacity as Chapter 7 Trustee, Appellant, v. Luana Savings Bank, Appellee. American Bankers Association; Iowa Bankers Association, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: June 15, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee was Erik W. Fern , of Decorah, IA. The following attorney also appeared on this brief; Dale L. Putnam , of Decorah, IA.

Counsel who presented argument on behalf of the appellee/cross-appellant was Dan Childers , of Cedar Rapids, IA. The following attorney(s) also appeared on this brief; Paula L. Roby and Nicholas J. Kilburg , of Cedar Rapids, IA.

Counsel who presented argument on behalf of the Amici was Robert A. Gamble , of Des Moines, IA. The following attorney also appeared on the amicus brief; Julie Johnson McLean , of Des Moines, IA.

Before LOKEN, BEAM, and BENTON, Circuit Judges.

In the 90 days before filing for bankruptcy, Agriprocessors, Inc., wired funds covering overdrafts at Luana Savings Bank. The bankruptcy trustee, Joseph E. Sarachek, argues those overdraft-covering deposits are avoidable transfers recoverable from Luana. The bankruptcy court1 found Sarachek could...

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