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IN RE ELECTRONIC METAL PRODUCTS, INC.

No. 89-1354.

916 F.2d 1502 (1990)

In re ELECTRONIC METAL PRODUCTS, INC., a/k/a Advanced Machining Co., Debtor. ELECTRONIC METAL PRODUCTS, INC., a/k/a Advanced Machining Co., Plaintiff-Appellant, v. Howard BITTMAN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 21, 1990.

Attorney(s) appearing for the Case

Ronald G. Rossi, Paul T. Maricle, Ceri A.F. Churchill of Rossi & Judd, P.C., Denver, Colo., for plaintiff-appellant.

Howard Bittman, pro se.

Before TACHA and EBEL, Circuit Judges, and JOHNSON, District Judge.

PER CURIAM.

The issue on appeal in this case is whether an attorney's agreement to continue working on a litigation matter in exchange for periodic payments against antecedent bills owing by the client constitutes "new value" and is thus excepted from avoidance of the payments as a preference in the client's subsequent bankruptcy. The bankruptcy court ordered summary judgment in favor of Electronic Metal Products, Inc. (EMP), the client and debtor-in-possession, against...

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