MATTER OF CLARK PIPE & SUPPLY CO., INC.

No. 88-3376.

870 F.2d 1022 (1989)

In the Matter of CLARK PIPE & SUPPLY CO., INC., Debtor. Claude R. SMITH, As Trustee for the Debtor, Clark Pipe & Supply Co., Inc., Appellee, v. ASSOCIATES COMMERCIAL CORP., Appellant.

United States Court of Appeals, Fifth Circuit.

April 25, 1989.


Attorney(s) appearing for the Case

Rex E. Lee, Washington, D.C., Richard W. Bussoff, Linton W. Carney, Jr., Monroe & Lemann, New Orleans, La., for appellant.

Philip K. Jones, Jr., Liskow & Lewis, New Orleans, La., for appellee.

Before POLITZ and JOLLY, Circuit Judges, and HUNTER, District Judge.


E. GRADY JOLLY, Circuit Judge:

In this bankruptcy case we are presented with three issues arising out of the conduct of the bankrupt's lender during the ninety days prior to the bankrupt's filing for protection from creditors. The first is whether the lender improved his position vis-a-vis other creditors during the ninety-day period and thus received a voidable transfer. If so, the second question is whether the lender engaged in inequitable conduct that would justify...

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