IN RE COMARK

BAP Nos. CC-91-1280-PVMe, CC-91-1331-PVMe, Bankruptcy No. SA82-03850JB, Adv. No. SA85-1162JB.

145 B.R. 47 (1992)

In re COMARK, a California limited partnership, Debtor. Sam JONAS, Chapter 7 Trustee, Appellant/Cross-Appellee, v. FARMER BROS. CO., Appellee/Cross-Appellant.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided September 23, 1992.


Attorney(s) appearing for the Case

Stephan M. Ray, Los Angeles, Cal., for appellant.

Robin C. Campbell, Los Angeles, Cal., for appellee.

Before PERRIS, VOLINN, and MEYERS, Bankruptcy Judges.


OPINION

PERRIS, Bankruptcy Judge:

These appeals arise from the bankruptcy court's judgment determining that a pre-petition transfer pursuant to a repurchase agreement from the debtor, Comark, to the appellee, Farmer Bros. Co. ("FBC") could not be avoided by the debtor's Chapter 7 Trustee, Sam Jonas ("the Trustee"). The bankruptcy court determined that although the Trustee established the elements of 11 U.S.C. § 547(b),1...

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