IN RE GOLD COAST SEED CO.

No. 83-2612.

751 F.2d 1118 (1985)

In re GOLD COAST SEED COMPANY, Debtor, M. NOLDEN, Trustee, Plaintiff-Appellant, v. VAN DYKE SEED COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 16, 1985.


Attorney(s) appearing for the Case

Edward Tredinnick, Phelan, Stuppi, Sorensen & McQuaid, San Francisco, Cal., for plaintiff-appellant.

Raymond E. Riggle, Cowans & Riggle, Palo Alto, Cal., for defendant-appellee.

Before CHOY, HUG, and SCHROEDER, Circuit Judges.


SCHROEDER, Circuit Judge.

The Bankruptcy Code provides that in certain circumstances a trustee may avoid a debtor's property transfer if the transfer was made on or within ninety days before the date of the filing of a petition for bankruptcy. 11 U.S.C. § 547(b)(4)(A). One exception to this general rule is that the trustee may not avoid the transfer to the extent it was in "payment of a debt incurred in the ordinary course of business," and made in the ordinary...

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