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HAGER v. GIBSON

No. 95-2575.

109 F.3d 201 (1997)

Harry G. HAGER, Plaintiff-Appellant, v. Ruth A. GIBSON, Trustee for Preference, Ltd., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 19, 1997.

Attorney(s) appearing for the Case

ARGUED: Frank James Santoro, Marcus, Santoro & Kozak, P.C., Portsmouth, VA, for Appellant. Alvin Powers Anderson, Anderson, Franck & Davis, P.C., Williamsburg, VA, for Appellee. ON BRIEF: Karen M. Crowley, Marcus, Santoro & Kozak, P.C., Portsmouth, VA, for Appellant. Ruth A. Gibson, Norge, VA, for Appellee.

Before LUTTIG and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed in part and reversed in part by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge LUTTIG and Judge MICHAEL joined.

OPINION

PHILLIPS, Senior Circuit Judge:

In this corporate bankruptcy proceeding, the Trustee sought recovery from Dr. Harry Hager, a fifty percent shareholder in the corporate debtor, of certain sums allegedly recoverable under the preference-avoidance and turnover provisions of the Bankruptcy

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