IN RE JWJ CONTRACTING CO., INC.

No. 03-15388.

371 F.3d 1079 (2004)

In re JWJ CONTRACTING CO., INC., Debtor, Endo Steel, Inc., Appellant, v. Joseph J. Janas, Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2004.


Attorney(s) appearing for the Case

Michael S. Rubin, Mariscal, Weeks, McIntyre & Friedlander, P.A., Phoenix, AZ, for the defendant-appellant.

Thomas C. Axelsen, Mohr, Hackett, Pederson, Blakely & Randolph, Phoenix, AZ, for the plaintiff-appellee.

Before THOMPSON, TASHIMA, and RAWLINSON, Circuit Judges.


DAVID R. THOMPSON, Senior Circuit Judge.

JWJ Contracting ("JWJ") made a payment to its subcontractor Endo Steel, Inc. ("Endo") within the 90 days preceding the filing of JWJ's bankruptcy petition. In view of that payment, Joseph Janas, JWJ's Chapter 7 Trustee ("Trustee"), initiated an action in the bankruptcy court to avoid the payment as a preference under Bankruptcy Code § 547(b).

The bankruptcy court rejected the Trustee's preference claim and granted...

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