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IN RE NUCORP ENERGY, INC.

BAP No. SC 87-1568-AsRP, Bankruptcy No. 82-03106-K-11.

92 B.R. 416 (1988)

In re NUCORP ENERGY, INC., an Ohio corporation, and its affiliates, Debtors. NEWTON EXPLORATION COMPANY, INC., a Montana corporation, Appellant, v. Milton FREDMAN, Trustee, for the Nucorp Liquidating Trust, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 23, 1988.

Attorney(s) appearing for the Case

Eric V. Benham, Sullivan, Delafield, McDonald & Middendorf, San Diego, Cal., for appellant.

Ali M.M. Mojdehi, Baker & McKenzie, San Diego, Cal., for appellee.

Before ASHLAND, RUSSELL and PERRIS, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

Creditor Newton Exploration Company appeals a judgment of the bankruptcy court granting the recovery of $100,232.75 to the debtor's estate as a preferential payment. Although the payment from the debtor to Newton was mailed 91 days before the debtor filed its Chapter 11 petition, the check was received and honored by the debtor's bank during the preference period.

FACTS

Before bankruptcy, the debtor Nucorp...

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