MATTER OF XONICS IMAGING INC.

No. 87-2085.

837 F.2d 763 (1988)

In the Matter of XONICS IMAGING INC., Debtor. Appeal of CALIFORNIA SUNNYVALE ASSOCIATES.

United States Court of Appeals, Seventh Circuit.

Decided January 15, 1988.


Attorney(s) appearing for the Case

James T. Arvey, Arvey, Hodes, Costello & Burman, Chicago, Ill., for defendant-appellant.

Britt W. Hanson, Lord, Bissell & Brook, Chicago, Ill., for plaintiff-appellee.

Before POSNER, FLAUM and KANNE, Circuit Judges.


POSNER, Circuit Judge.

Section 547(b) of the Bankruptcy Code, 11 U.S.C. § 547(b), makes voidable at the option of the trustee in bankruptcy any transfer that the debtor made, while insolvent, in payment of a debt owed before the transfer, provided the transfer occurred no more than 90 days before the debtor filed for bankruptcy. This "voidable preference" provision does not apply, however, if the transfer was

(A) in payment of a debt incurred by the...

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