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IN RE SOUTHERN AIR TRANSPORT, INC.

No. 06-3796.

511 F.3d 526 (2007)

In re SOUTHERN AIR TRANSPORT, INCORPORATED, Debtor. Triad International Maintenance Corporation, Appellant, v. Southern Air Transport, Inc., Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 14, 2007.

Attorney(s) appearing for the Case

ARGUED: Leon Friedberg, Carlile, Patchen & Murphy, Columbus, Ohio, for Appellant. Timothy A. Riedel, Bailey Cavalieri, Columbus, Ohio, for Appellee. ON BRIEF: Leon Friedberg, Carlile, Patchen & Murphy, Columbus, Ohio, for Appellant. Timothy A. Riedel, Nicholas V. Cavalieri, Bailey Cavalieri, Columbus, Ohio, for Appellee. Marshall S. Filler, Obadal, Filler, MacLeod & Klein, Alexandria, Virginia, for Amicus Curiae.

Before: NORRIS, GILMAN, and McKEAGUE, Circuit Judges.

OPINION

ALAN E. NORRIS, Circuit Judge.

The bankruptcy trustee of Southern Air Transport, Inc. ("SAT"), a debtor in a Chapter 11 proceeding, seeks to recover a $100,000 payment made to defendant Triad International Maintenance Corporation ("TIMCO") as an avoidable preference under the Bankruptcy Code. 11 U.S.C. § 547(b). TIMCO advances two theories in response: that it was a fully secured creditor at the time of the payment; alternatively, that the payment...

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