MATTER OF SOUTHMARK CORP.

No. 94-10534 Summary Calendar.

49 F.3d 1111 (1995)

In the Matter of SOUTHMARK CORPORATION, Debtor. SOUTHMARK CORPORATION, Appellant, v. Joseph GROSZ, Appellee.

United States Court of Appeals, Fifth Circuit.

April 14, 1995.


Attorney(s) appearing for the Case

Michelle E. Roberts, Roberts & Smaby, James Roberts Prince, Thompson & Knight, Dallas, TX, for appellant.

D. Ronald Reneker, Thomas E. Shaw, Bird & Reneker, Dallas, TX, for appellee.

Before DUHÉ, WIENER and STEWART, Circuit Judges.


WIENER, Circuit Judge:

Southmark Corporation ("Southmark"), a debtor in possession, appeals from a judgment dismissing its claim that a payment to Joseph Grosz, a former officer of one of Southmark's subsidiaries, was preferential and thus avoidable under 11 U.S.C. § 547. As we conclude that the bankruptcy court erred in determining that Grosz was not compensated with funds from Southmark's estate, we reverse the summary dismissal of Southmark's preference claim...

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