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IN RE SHELTON HARRISON CHEVROLET, INC.

No. 98-6537.

202 F.3d 834 (2000)

In re SHELTON HARRISON CHEVROLET, INC., Debtor. George W. Stevenson, Trustee for Shelton Harrison Chevrolet, Inc., Plaintiff-Appellant, v. Leisure Guide of America, Inc., d/b/a Leisure Vans, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 31, 2000.

Attorney(s) appearing for the Case

Michael P. Coury (argued and briefed), Waring Cox, PLC, Memphis, Tennessee, for Plaintiff-Appellant.

Steven N. Douglass (argued and briefed), Toni Campbell Parker (briefed), Apperson, Crump & Maxwell, Memphis, Tennessee, for Defendant-Appellee.

Before: RYAN, MOORE, and GIBSON, Circuit Judges.

RYAN, J., delivered the opinion of the court, in which MOORE, J., joined. JOHN R. GIBSON, J. (pp. 838-39), delivered a separate dissenting opinion.

OPINION

RYAN, Circuit Judge.

The issue in this case is whether, under the "contemporaneous exchange" exception to a bankruptcy trustee's avoidance powers pursuant to 11 U.S.C. § 547 (1993), a document called a Manufacturer's Statement of Origin (MSO) has "new value"

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