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IN RE U.S. MEDICAL, INC.

BAP No. CO-06-081. Bankruptcy No. 02-19607 ABC. Adversary No. 04-01647 ABC.

370 B.R. 340 (2007)

In re U.S. MEDICAL, INC., Debtor. Carl Zeiss Meditec AG, formerly known as Asclepion-Meditec AG, Defendant-Appellant, v. Glen R. Anstine, Trustee, Plaintiff-Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

June 12, 2007.

Attorney(s) appearing for the Case

Mark F. Bell of Bieging Shapiro & Burrus, LLP, Denver, Colorado, for Defendant — Appellant.

Philip A. Pearlman of Pearlman & Dalton, P.C., Denver, Colorado, for Plaintiff — Appellee.

Before CLARK, CORNISH, and THURMAN, Bankruptcy Judges.

OPINION

CORNISH, Bankruptcy Judge.

Appellant-creditor Carl Zeiss Meditec AG ("Creditor") appeals a judgment of the United States Bankruptcy Court for the District of Colorado in favor of appellee-trustee Glen R. Anstine ("Trustee") in this Chapter 7 adversary action. The bankruptcy court determined that Creditor was a nonstatutory insider with respect to debtor, U.S. Medical, Inc. ("Debtor"), and therefore allowed Trustee to avoid certain preferential transfers...

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