IN RE ENTERPRISE ACQUISITION PARTNERS, INC.

BAP No. NC-04-1023-PMAS, Bankruptcy No. 02-42192, Adversary No. 03-04078.

319 B.R. 626 (2004)

In re ENTERPRISE ACQUISITION PARTNERS, INC., Debtor. Miller Avenue Professional and Promotional Services, Inc., Appellant, v. Lois I. Brady, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed December 28, 2004.


Attorney(s) appearing for the Case

Wayne A. Silver, Sunnyvale, CA, for Miller Professional and Promotional Services, Inc.

Mariam S. Marshall, Marshall & Ramos, LLP, Oakland, CA, for Lois I. Brady.

Before: PERRIS, MARLAR and SMITH, Bankruptcy Judges.


OPINION

PERRIS, Bankruptcy Judge.

This is an appeal of a judgment avoiding as preferential the transfer of a security interest in debtor Enterprise Acquisition Partners, Inc.'s (debtor) property. Under bankruptcy law, the reach-back period for avoiding transfers of the debtor's property differs depending on whether or not the transferee is an insider. See 11 U.S.C. § 547(b).1 Bankruptcy law recognizes two types of...

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