IN RE ANTWEIL

No. 90-2065.

931 F.2d 689 (1991)

In re Alan J. and Mary Frances ANTWEIL, husband and wife; Hobbs Pipe & Supply, a general partnership; and Morris R. Antweil, Debtors. Elliott JOHNSON, Trustee, Plaintiff-Appellant, v. William BARNHILL; Bravo Energy; and Estate of Murray Cash, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 30, 1991.


Attorney(s) appearing for the Case

William P. Johnson and Andrew J. Cloutier of Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, N.M., for plaintiff-appellant.

William J. Arland and Emily A. Franke of Butt, Thornton & Baehr, P.C., Albuquerque, N.M., for defendants-appellees.

Before McKAY, SEYMOUR and EBEL, Circuit Judges.


McKAY, Circuit Judge.

The parties agree to waive oral argument. See Fed.R.App.P. 34(f); 10th Cir.R. 34.1.2. The case is therefore ordered submitted on the briefs.

This case requires us to decide whether, for purposes of establishing a voidable preference under the Bankruptcy Code, 11 U.S.C. § 547(b), the transfer of a check occurs when the check is delivered to the payee or when it is honored by the drawee bank. Because we hold that, for purposes...

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