IN RE KELLER

BAP No. CC-94-1850-VJO. Bankruptcy No. SA91-32957 JR. Adv. No. SA93-1264 JR.

185 B.R. 796 (1995)

In re Allan Page KELLER, Debtor. Jean R. KELLER, Toledano & Wald, David E. Wald, Appellants, v. Allan Page KELLER; Theodor C. Albert, successor to Sheila Fell, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted April 18, 1995.

Decided August 17, 1995.


Attorney(s) appearing for the Case

James Toledano, Irvine, CA, for appellants.

Wendy J. Mickelson, Santa Ana, CA, for appellees.

Before VOLINN, JONES and OLLASON, Bankruptcy Judges.


OPINION

VOLINN, Bankruptcy Judge:

OVERVIEW

The debtor's former wife and her attorney appeal a summary judgment which concluded that transfer of certain proceeds from the sale of the family residence pursuant to post-dissolution orders by the Superior Court issued within 90 days of the debtor's bankruptcy constituted an avoidable preference pursuant to 11 U.S.C. § 547.1 We REVERSE the summary judgment.

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