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IN RE ALLIED CARRIERS' EXCHANGE, INC.

BAP No. CO-07-040, Bankruptcy No. 03-12392-EEB, Adversary No. 04-2056-EEB.

375 B.R. 610 (2007)

In re ALLIED CARRIERS' EXCHANGE, INC., Debtor. Jeanne Y. Jagow, Trustee, Plaintiff-Appellee, v. Jack R. Grunwald, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

September 4, 2007.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Robert A. Simon and Paul J. Vitanza of Barlow Garsek & Simon, LLP, Fort Worth, TX, for Defendant-Appellant.

Virginia M. Dalton of Pearlman & Dalton, P.C., Denver, CO, for Plaintiff-Appellee.

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

McFEELEY, Chief Judge.

Defendant/Appellant Jack R. Grunwald appeals an order of the bankruptcy court of the District of Colorado contending that the bankruptcy court erred under 11 U.S.C. § 547(b) when it concluded that Grunwald had received a preference because the Debtor, Allied Carriers Exchange, Inc., was not insolvent during the period in question. Grunwald also argues that the bankruptcy court erred when it rejected his affirmative defense under 11 U.S...

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