IN RE WILLAERT

No. 90-5395.

944 F.2d 463 (1991)

In re Andrew A. WILLAERT and Frances A. Willaert. Mark C. HALVERSON, Appellant, v. LE SUEUR STATE BANK, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1991.


Attorney(s) appearing for the Case

Charles W. Ries, argued (Kenneth R. White, on brief), Mankato, Minn., for appellant.

William I. Kampf, argued (Jon C. Nuckles, on brief), Minneapolis, Minn., for appellee.

Before LAY, Chief Judge, and FAGG and BOWMAN, Circuit Judges.


FAGG, Circuit Judge.

Mark C. Halverson appeals the district court's order affirming the bankruptcy court's decision disallowing recovery on a preferential mortgage. We reverse and remand to the district court with directions to remand to the bankruptcy court for further proceedings consistent with this opinion.

The controlling facts are not complicated. From the mid-1970s until January 1986, Andrew A. Willaert served...

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