IN RE SUFOLLA, INC.

No. 92-35202.

2 F.3d 977 (1993)

In re SUFOLLA, INC., dba Lewis Packing Co., Debtor. OFFICIAL UNSECURED CREDITORS COMMITTEE OF SUFOLLA, INC., on behalf of the ESTATE OF SUFOLLA, INC., dba Lewis Packing Co., Plaintiff-Appellee, v. U.S. NATIONAL BANK OF OREGON, a National Banking Association, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1993.


Attorney(s) appearing for the Case

John Casey Mills, Miller, Nash, Wiener, Hager & Carlsen, Portland, OR, for defendant-appellant.

Michael F. Crotty, Deputy Gen. Counsel for Litigation, American Bankers Ass'n, Washington, DC, for amicus.

No appearance for plaintiff-appellee.

Before: GOODWIN, FARRIS, and THOMPSON, Circuit Judges.


FARRIS, Circuit Judge:

U.S. National Bank of Oregon appeals the district court's judgment in favor of the Official Unsecured Creditors Committee of Sufolla, Inc., in the Committee's action to recover a transfer made by the Chapter 11 debtor to the Bank. The district court found the transfer to be preferential and allowed the Creditors Committee to recover against the Bank pursuant to 11 U.S.C. § 550(a)(1). After examining for the first time the problem of the...

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