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IN RE SMITH'S HOME FURNISHINGS, INC.

No. 99-35946.

265 F.3d 959 (2001)

In re SMITH'S HOME FURNISHINGS, INC., Debtor. Michael B. Batlan, Trustee, Plaintiff-Appellant, v. TransAmerica Commercial Finance Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2001.

Attorney(s) appearing for the Case

K. John Shaffer, Stutman, Treister & Glatt, P.C., Los Angeles, California, for the plaintiff-appellant.

Jennifer L. Palmquist and Lauren E. Winters, Garvey, Schubert & Barer, Portland, Oregon, for the defendant-appellee.

Before: CYNTHIA HOLCOMB HALL, RYMER, and GRABER, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiff-appellant Michael Batlan ("trustee") appeals the district court's judgment affirming the decision of the bankruptcy court. Batlan filed an action to recover payments made by a chapter 11 debtor to defendant-appellee Transamerica Commercial Finance Corporation ("TCFC"). The bankruptcy court found that the payments were not avoidable transfers under 11 U.S.C. § 547(b). We agree with the bankruptcy court and the district...

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