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IN RE RAILWORKS CORP.

No. 13-1931.

760 F.3d 398 (2014)

In re RAILWORKS CORPORATION, Debtor. ZVI Guttman, Litigation Trustee, Plaintiff-Appellee, v. Construction Program Group, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 28, 2014.

Attorney(s) appearing for the Case

ARGUED: Annapoorni Rohini Sankaran , Greenberg Traurig, LLP, Houston, Texas, for Appellant. Zvi Guttman , Law Offices of ZVI Guttman, PA, Baltimore, Maryland, for Appellee. ON BRIEF: Lori Simpson , Law Office of Lori Simpson, LLC, Baltimore, Maryland; Elliot H. Scherker , Greenberg Traurig, P.A., Miami, Florida, for Appellant. Richard M. Goldberg , Shapiro, Sher, Guinot & Sandler, Baltimore, Maryland, for Appellee.

Reversed and remanded with instructions by published opinion. Judge FLOYD wrote the opinion, in which Judge KEENAN and Judge COGBURN joined.

FLOYD, Circuit Judge:

This appeal concerns the efforts of Zvi Guttman, the Chapter 11 Litigation Trustee for the estate of Railworks Corporation (Railworks), to avoid and recover premium payments that Railworks transferred to the Construction Program Group (CPG), which later transferred them to TIG Insurance Company (TIG). Railworks made the transfers within ninety days before Railworks filed for bankruptcy protection.

The bankruptcy court granted summary...

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