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IN RE PKR, P.C.

BAP No. NM-97-043, Bankruptcy No. 93-13221, Adversary No. 95-1279.

220 B.R. 114 (1998)

In re PKR, P.C., a New Mexico corporation, Debtor. Bill J. SHOLER, Trustee, by and through ALBUQUERQUE PLAZA PARTNERS, Plaintiff-Appellee, v. Douglas CARMICHAEL, Defendant-Appellant. Peterson Consulting, Inc., Defendant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

April 8, 1998.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Michael F. Menicucci, Michael F. Menicucci & Associates, P.C., Albuquerque, NM, for Defendant-Appellant.

Walter L. Reardon, Jr., Watrous & Reardon, Albuquerque, NM, for Plaintiff-Appellee.

Before BOHANON, PEARSON, and CORNISH, Bankruptcy Judges.

OPINION

PEARSON, Bankruptcy Judge.

Douglas R. Carmichael ("Carmichael"), a creditor in the above-captioned Chapter 11 case, appeals an order of the Bankruptcy Court for the District of New Mexico granting summary judgment in favor of the trustee both on his complaint to avoid an unauthorized postpetition transfer pursuant to 11 U.S.C. § 549, and on Carmichael's counterclaim. For the reasons set out below, the decision of the bankruptcy court is affirmed...

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