IN RE FLOORING CONCEPTS, INC.

BAP No. CC 82-1290 VGAB, Bankruptcy No. LA-81-04745-RM, Adv. No. LA 81-3702-RM.

37 B.R. 957 (1984)

In re FLOORING CONCEPTS, INC., fdba Carpetman, Debtor. SHAW INDUSTRIES, INC., Appellant and Cross-Appellee, v. David A. GILL, Trustee, Appellee and Cross-Appellant.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided April 4, 1984.


Attorney(s) appearing for the Case

Richard W. Brunette, Jr., Sheppard, Mullin Richter & Hampton, Los Angeles, Cal., for appellant and cross-appellee.

David R. Weinstein, Danning, Gill, Gould & Joseph, Los Angeles, Cal., for appellee and cross-appellant.

Before VOLINN, GEORGE and ABRAHAMS, Bankruptcy Judges.


OPINION

This is an appeal from the trial court's decision that certain payments made by a general contractor directly to the subcontractor-debtor's materialman constituted voidable transfers under § 547 of the Bankruptcy Code.

The trustee cross-appealed the trial court's decision that certain payments made by a general contractor to the debtor's laborers and to purchase additional carpeting were not preferential as to the materialman.

We REVERSE...

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