MATTER OF COHEN

No. 88-1722.

875 F.2d 508 (1989)

In the Matter of Ronald COHEN, Debtor. Dale WOOTTON, Trustee For the Estate of Ron Cohen a/k/a Ronald Cohen, Appellee, v. V.W. BARGE, III, Appellant.

United States Court of Appeals, Fifth Circuit.

June 19, 1989.


Attorney(s) appearing for the Case

James L. Schutza, Dallas, Tex., for appellant.

Dale Wootton, Dallas, Tex., for appellee.

Before GARWOOD, JONES and SMITH, Circuit Judges.


EDITH H. JONES, Circuit Judge:

The bankruptcy trustee of an estate created by a Ponzi scheme seeks to recover as preferential payments certain amounts paid by the debtor to appellant V.W. Barge, III within ninety days preceding the bankruptcy. The district court affirmed the bankruptcy court's judgment in favor of the trustee pursuant to 11 U.S.C. § 547. We hold that although 11 U.S.C. § 548(b) may cover payments made to Barge that exceeded his "investment...

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