IN RE LEE

No. 95-15791.

108 F.3d 239 (1997)

In re Peter LEE; Ken Ota, Debtors. HALL-MARK ELECTRONICS CORPORATION, Appellant, v. Charles E. SIMS, Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1997.


Attorney(s) appearing for the Case

Timothy H. Hopkins, Hopkins & Carley, San Jose, California; Charles M. Tatelbaum, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, Clearwater, Florida, for appellant.

Michael C. Fallon, Michael Ahern, Law Office of Michael C. Fallon, Santa Rosa, California, for appellee.

Before: CANBY and FERNANDEZ, Circuit Judges, and KING, District Judge.


OPINION

CANBY, Circuit Judge.

Hall-Mark Electronics Corporation appeals the Bankruptcy Appellate Panel's ("BAP") decision that a transfer by cashier's check of $100,000 from the partnership of Peter Lee and Ken Ota ("the Debtor") to Hall-Mark was a preferential transfer. Hall-Mark appeals the BAP's rejection of Hall-Mark's "new value defense" to preferential transfer under 11 U.S.C. § 547(c)(4). We affirm.

BACKGROUND

Hall-Mark regularly...

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