IN RE TERRY MFG. CO., INC.

No. Civ.A. 2:05cv730-T(WO).

332 B.R. 630 (2005)

In re TERRY MANUFACTURING COMPANY, INC., Debtor. In re Terry Uniform Company, LLC, Debtor. J. Lester Alexander, III, etc., Appellee, v. Bonifay Manufacturing, Inc., Appellant.

United States Bankruptcy Court, M.D. Alabama, Northern Division.

November 9, 2005.


Attorney(s) appearing for the Case

Collier H. Espy, Jr., Espy, Metcalf & Poston, Dothan, AL, for Appellant.

Brent B. Barriere, Catherine Elena Lasky, David L. Patron, Katherine M. Determan, Phelps Dunbar LLP, New Orleans, LA, for Appellee and Debtor.


OPINION

MYRON H. THOMPSON, District Judge.

Appellant Bonifay Manufacturing, Inc. challenges a decision of the United States Bankruptcy Court for the Middle District of Alabama, holding that payments received by Bonifay from Terry Manufacturing Company, Inc. were preferential under 11 U.S.C.A. § 547(b) and could be avoided by J. Lester Alexander, III, the trustee of Terry's bankruptcy. The court's appellate jurisdiction has been invoked pursuant to 28...

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