IN RE WES DOR INC.

No. 92-1228.

996 F.2d 237 (1993)

In re WES DOR, INCORPORATED, also known as N.M.L., Incorporated, doing business as Lumber Yard Supply, Debtor. H. Christopher CLARK, Trustee, Plaintiff-Appellee, v. SECURITY PACIFIC BUSINESS CREDIT, INC., Defendant-Appellant, and H. Carter Espedal; Crown Industries, Inc.; April Eighty-Four Corp.; and Crown Door of Colorado, Defendants.

United States Court of Appeals, Tenth Circuit.

June 18, 1993.


Attorney(s) appearing for the Case

Paul G. Quinn (Charles F. Kaiser with him on the briefs), Denver, CO, for plaintiff-appellee.

Christopher L. Richardson (Thomas C. Bell with him on the briefs), Davis, Graham & Stubbs, Denver, CO, for defendant-appellant.

Before LOGAN, MCWILLIAMS, and MOORE, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

This is an appeal in a bankruptcy adversary proceeding. Defendant Security Pacific Business Credit, Inc. (Bank), a pre-bankruptcy lender to the Debtor, Wes Dor, Inc., and its affiliates, appeals a bankruptcy court order, affirmed by the district court, permitting Debtor's Trustee to recover the bulk of a fraudulent transfer made to the Bank. The bankruptcy court, however, allowed the Bank to set off, as an innocent transferee, a portion...

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