MATTER OF HUGHES

No. 82-1681. Summary Calendar.

704 F.2d 820 (1983)

In the Matter of Mark HUGHES, individually and d/b/a Hughes Construction Company, and Bobby Mack, individually and d/b/a Hughes Construction Company, Debtors. YELLOWHOUSE MACHINERY COMPANY, Plaintiff-Appellant, v. Bobby MACK, d/b/a Hughes Construction Company, and Mark Hughes, d/b/a Hughes Construction Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 12, 1983.


Attorney(s) appearing for the Case

Bass & Hobbs, R. Byrn Bass, Jr., Lubbock, Tex., for plaintiff-appellant.

Sims, Kidd, Hubbert & Wilson, John Sims, Lubbock, Tex., for defendants-appellees.

Before GEE, RANDALL and TATE, Circuit Judges.


TATE, Circuit Judge:

The Yellowhouse Machinery Company, a dealer in construction equipment, appeals from a district court order affirming a bankruptcy court's holding that a $10,000 payment that Yellowhouse received from a customer on the eve of bankruptcy was a voidable preference, although (1) it was the customer itself, in the capacity of debtor-in-possession, and not a trustee, that was seeking to avoid the payment, and (2) it was the customer itself that, by...

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