FIDELITY SAV. & INV. CO. v. NEW HOPE BAPTIST

No. 88-1711.

880 F.2d 1172 (1989)

FIDELITY SAVINGS & INVESTMENT CO., Plaintiff-Appellant, v. NEW HOPE BAPTIST; Robert Stone; Jeffrey Alan Dietert, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 25, 1989.


Attorney(s) appearing for the Case

Thomas P. Goreson (Stephen J. Moriarty with him on the brief) of Edwards, Roberts & Propester, Oklahoma City, Okl., for plaintiff-appellant.

Thomas J. Kenan, Kenan & Peterson, Oklahoma City, Okl. (E. Elaine Schuster, Oklahoma City, Okl., and Robert Inglish of Inglish and Inglish, Okmulgee, Okl., with him on the brief), for defendants-appellees.

Before LOGAN, BRORBY and EBEL, Circuit Judges.


PER CURIAM.

This is an appeal from an order of the district court sitting as an appellate court in bankruptcy. The issue in this appeal is whether § 547(c)(2) of the Bankruptcy Code, 11 U.S.C. § 547(c)(2) (Supp. IV 1986), applies to a transfer unrelated to the payment of trade credit. Both the district and the bankruptcy courts ruled that such a transfer was within the terms of § 547(c)(2), thereby granting summary judgment for the defendants. We affirm...

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