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IN RE MERIDITH HOFFMAN PARTNERS

No. 92-1337.

12 F.3d 1549 (1993)

In re MERIDITH HOFFMAN PARTNERS, a Colorado general partnership; Meridith Millard Partners, a Nebraska general partnership, Debtors. H. Christopher CLARK, Trustee of the Bankruptcy Estates of Meridith Hoffman Partners and Meridith Millard Partners, Plaintiff-Appellee, v. BALCOR REAL ESTATE FINANCE, INC., an Illinois corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 20, 1994.

Attorney(s) appearing for the Case

Raymond E. Stachnik of Katten Muchin & Zavis, Chicago, IL (Francis X. Grossi, Jr., and Paul A. Haskins of Katten Muchin & Zavis, Chicago, IL, and Tom H. Connolly and Mary Scherschel Brady of Gibson, Dunn & Crutcher, Denver, CO, with him on the briefs), for defendant-appellant.

Bonnie A. Bell (John B. Wasserman with her on the briefs) of Katch, Sender, Wasserman & Jobin, Denver, CO, for plaintiff-appellee.

Before McKAY, ANDERSON, and EBEL, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Balcor Real Estate Finance, Inc. appeals on two grounds from the district court's decision affirming the bankruptcy court's ruling that the trustee in bankruptcy could recover from Balcor preferential payments it received during the year preceding the bankruptcy petition. 145 B.R. 682. First, Balcor argues that the payments it received from the debtors, Meridith Hoffman Partners and Meridith Millard...

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