IN RE RAMBA, INC.

No. 04-20807.

416 F.3d 394 (2005)

In the Matter of: RAMBA, INC., Debtor. Baker Hughes Oilfield Operations, Inc., Appellee, v. Lowell T. Cage, Appellant.

United States Court of Appeals, Fifth Circuit.

July 7, 2005.


Attorney(s) appearing for the Case

Stewart F. Peck (argued), Jennifer M. Stierman, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Appellee.

Timothy L. Wentworth (argued), Cage, Hill & Niehaus, Houston, TX, for Appellant.

Before JOLLY, SMITH and DeMOSS, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In this bankruptcy case, the trustee of debtor Ramba, Inc. seeks to avoid a transfer of $85,654.85 made by Ramba to the appellee, Baker Hughes Oilfield Operations, Inc. The trustee contends that the transfer was a preferential payment of a pre-existing debt, and thus avoidable under 11 U.S.C. § 547(b). Baker Hughes responds that, inter alia, the transfer was not a preferential payment, but instead a contemporaneous exchange...

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