IN RE ENERGY CO-OP. INC.

No. 86-2980.

832 F.2d 997 (1987)

In re ENERGY COOPERATIVE, INC., Debtor. ENERGY COOPERATIVE, INC., Jay A. Steinberg, Trustee, Plaintiff-Appellant, v. SOCAP INTERNATIONAL, LTD., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 1987.


Attorney(s) appearing for the Case

Ronald Barliant, Miller, Shakman, Nathan & Hamilton, Chicago, Ill., for plaintiff-appellant.

Michael R. Hassan, Lord Bissell & Brook, Chicago, Ill., for defendant-appellee.

Before COFFEY, RIPPLE and MANION, Circuit Judges.


MANION, Circuit Judge.

The district court granted summary judgment for defendant, SOCAP International, Ltd., in an adversary proceeding in which Jay A. Steinberg, bankruptcy trustee for the estate of the debtor, Energy Cooperative, Inc. (ECI), sought to recover a $1.6 million payment from ECI to SOCAP as an avoidable preference under 11 U.S.C. § 547(b). The trustee appeals that ruling. Because we find that ECI's payment to SOCAP was for an antecedent debt, and...

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