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IN RE IRFM, INC.

No. 93-56228.

52 F.3d 228 (1995)

In re IRFM, INC., a California Corporation, formerly d/b/a Irvine Ranch Farmers Market, Debtor. Robert P. MOSIER, Chapter 7 Trustee, Plaintiff-Appellant, v. EVER-FRESH FOOD COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 5, 1995.

Attorney(s) appearing for the Case

Dennis F. Fabozzi, Fabozzi, Prenovost & Normandin, Santa Ana, CA, for plaintiff-appellant.

Gerald Lee Bolinger, Santa Ana, CA, for defendant-appellee.

Before: BROWNING, BOOCHEVER and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Robert P. Mosier, Chapter 7 Trustee, appeals the district court's grant of summary judgment in favor of creditor Ever-Fresh Food Company ("Ever-Fresh"). Mosier filed this action seeking recovery of $72,895.17 in preferential transfers from the Debtor, IRFM, Inc., to Ever-Fresh. The district court, affirming the bankruptcy court, held that Ever-Fresh was entitled to a full new value offset under section 547(c)(4), notwithstanding the fact that...

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