IN RE R & T ROOFING STRUCTURES & COMMERCIAL FRAMING, INC.

No. 87-2985.

887 F.2d 981 (1989)

In re R & T ROOFING STRUCTURES & COMMERCIAL FRAMING, INC., Debtor. UNITED STATES of America, Claimant-Appellant, v. Harold Z. DANIEL, Trustee-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1989.

As Amended on Denial of Rehearing January 18, 1990.


Attorney(s) appearing for the Case

Gary D. Gray, Dept. of Justice, Washington, D.C., for claimant-appellant.

Bruce D. Roberts, Cooke, Roberts & Reese, Reno, Nev., for trustee-appellee.

Before FERGUSON, BRUNETTI and LEAVY, Circuit Judges.


BRUNETTI, Circuit Judge:

OVERVIEW

The United States appeals from a grant of summary judgment in favor of the debtor's trustee in bankruptcy. The bankruptcy court and the district court both held that the government's pre-petition seizure of the debtor's only bank account constituted a voidable preferential transfer under the Bankruptcy Code, 11 U.S.C. § 547(b) (1982 and Supp. IV 1986). The government seized the account to satisfy the debtor's delinquent...

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