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IN RE INCOMNET, INC.

No. 03-56736.

463 F.3d 1064 (2006)

In re INCOMNET, INC., a California corporation; In re Incomnet Communications Corporation, f/k/a National Telephone & Communications, Inc., Debtors, Universal Service Administrative Company, Appellant, v. Post-Confirmation Committee of Unsecured Creditors of Incomnet Communications Corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2006.

Attorney(s) appearing for the Case

Jonathan T. Cain, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., Reston, VA, for the appellant.

Michael R. Adele, Evan D. Smiley, Kyra E. Andrassy, and Michael J. Heyman, Albert, Weiland & Golden, LLP, Costa Mesa, CA, for the appellee.

Before: BROWNING, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

In this case we are asked to review the decision of the bankruptcy appellate panel ("BAP"), which held that the Universal Service Administrative Company ("USAC") was a transferee under 11 U.S.C. §§ 547 and 550. We hold that USAC is a transferee under the "dominion" test and affirm the judgment of the BAP.

I. FACTS AND PROCEEDINGS

Congress passed the "1996 Telecommunications Act . . . to encourage universal telecommunications...

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