MATTER OF WEY

No. 87-2850.

854 F.2d 196 (1988)

In the Matter of Dan L. WEY, Debtor. Appeal of Robert L. SULLIVAN, Trustee in Bankruptcy, Plaintiff-Appellant, v. William W. WILLOCK, Jr. and Adelaide I. Willock, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 29, 1988.

As Amended August 17, 1988.


Attorney(s) appearing for the Case

George L. Chesley, Chesley Wilson & Prall, Bloomington, Ill., for plaintiff-appellant.

D. Scott Hargadon, Bell Boyd & Lloyd, Chicago, Ill., for defendants-appellees.

Before WOOD, Jr., and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


KANNE, Circuit Judge.

Dan Wey forfeited his down payment on a Virgin Island hotel when he failed to pay the balance under the terms of a real estate contract. His trustee in bankruptcy sought to have the down payment set aside, characterizing it as a voidable preference under 11 U.S.C. § 547 or as a fraudulent transfer under 11 U.S.C. § 548. Finding that no "transfer" occurred, as required by these statutes, the bankruptcy court dismissed the complaint....

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