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IN RE ELECTRON CORP.

BAP No. WO-05-046. Bankruptcy No. 01-21984-WV. Adversary No. 03-1325-WV.

336 B.R. 809 (2006)

In re THE ELECTRON CORP., Debtor. G. David Bryant, Trustee of the Estate of the Electron Corporation, Plaintiff-Appellee, v. JCOR Mechanical, Inc., Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

January 10, 2006.

Attorney(s) appearing for the Case

Gary D. Hammond of Hammond & Associates, P.L.L.C., Edmond, OK, for Defendant-Appellant.

Christopher T. Stein of Kline, Kline, Elliott & Bryant, P.C., Oklahoma City, OK, for Plaintiff-Appellee.

Before McFEELEY, Chief Judge, NUGENT, and THURMAN, Bankruptcy Judges.

OPINION

McFEELEY, Chief Judge.

Defendant/Appellant JCOR Mechanical, Inc. ("JCOR") appeals an order of the bankruptcy court for the Western District of Oklahoma that avoided as preferential a payment made by the Debtor, The Electron Corp. ("Debtor"), to JCOR within ninety days before the Debtor filed a proceeding under Chapter 11 of the Bankruptcy Code. JCOR argues that the bankruptcy court erred in determining that the payment was preferential because JCOR...

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