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IN RE OGDEN

BAP No. UT-99-044. Bankruptcy No. 97-25192. Adversary No. 98-2202.

243 B.R. 104 (2000)

In re Wayne R. OGDEN, Debtor. Steven R. Bailey, Trustee of the Estate of Wayne Ogden, Plaintiff-Appellee, v. Blake Hazen, Defendant-Third-Party Plaintiff-Appellant, Bretwood Company, Inc., also known as Development Bretwood Co., A Utah Corp., Defendant-Third-Party Plaintiff, Avis & Archibald, L.C. Third-Party Defendant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

January 14, 2000.

Attorney(s) appearing for the Case

Mona Lyman Burton, McKay, Burton & Thurman, Salt Lake City, Utah, for Defendant-Third-Party Plaintiff-Appellant.

Duane Gillman (Leslie Randolph with him on the brief), McDowell & Gillman, for Plaintiff-Appellee.

Before McFEELEY, Chief Judge, BOHANON, and ROBINSON, Bankruptcy Judges.

OPINION

McFEELEY, Chief Judge.

Blake Hazen ("Appellant") appeals an order of the United States Bankruptcy Court for the District of Utah that granted summary judgment to the Trustee of the Estate of Wayne Ogden ("Trustee"/Appellee) on the issue of whether a transfer of $100,000 made to the Appellant was a preferential transfer under 11 U.S.C. § 547 and recoverable under 11 U.S.C. § 550.1 Appellant argues that summary...

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