IN RE ABC-NACO, INC.

No. 06-1719.

483 F.3d 470 (2007)

In re ABC-NACO, INC., Debtor-Appellee, and Official Committee of Unsecured Creditors of ABC-Naco, Inc., Appellee. Appeal of: Softmart, Incorporated.

United States Court of Appeals, Seventh Circuit.

Decided April 9, 2007.


Attorney(s) appearing for the Case

J. Andrew Moss, Reed Smith, Chicago, IL, Dimitri Karapelou (argued), Ciardi & Ciardi, Philadelphia, PA, for Appellant.

Barry Levenstam (argued), Jenner & Block, Chicago, IL, for Appellee.

Catherine Steege, Jenner & Block, Chicago, IL, for Debtor-Appellee.

Before RIPPLE, MANION, and ROVNER, Circuit Judges.


MANION, Circuit Judge.

In the summer of 2001, ABC-Naco, Incorporated, remitted four payments totaling $98,641.26 to Softmart, Incorporated, in partial payment for Microsoft software and equipment that ABC-Naco had purchased from Softmart in 1998. Less than 90 days later, ABC-Naco filed for bankruptcy. The unsecured creditors of ABC-Naco sought return of the payments to the bankruptcy estate, alleging that it constituted a preferential transfer. The bankruptcy court...

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