IN RE COMPUTER ENGINEERING ASSOCIATES, INC.

No. 02-1470.

337 F.3d 38 (2003)

In re COMPUTER ENGINEERING ASSOCIATES, INC., Debtor, Advanced Testing Technologies, Inc. Plaintiff, Appellee, v. John O. Desmond, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 24, 2003.


Attorney(s) appearing for the Case

Kenneth A. Martin, with whom Martin & Associates, and John O. Desmond, were on brief for appellant.

William J. Barrett, with whom Barack Ferrazzano Kirschbaum Perlman & Nagelberg LLC, were on brief for appellee.

Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.


STAHL, Senior Circuit Judge.

In this appeal, the Chapter 7 trustee seeks to avoid, as preferential transfers under 11 U.S.C. § 547(b), payments received by the debtor's subcontractor within the 90-day period preceding the debtor's filing for bankruptcy. The bankruptcy court ruled in favor of the trustee; the district court reversed. The trustee now appeals the district court's ruling. We hold that the transfers to the subcontractor occurred before the preference...

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