IN RE STERBA

No. 07-8043.

383 B.R. 47 (2008)

In re Michael L. STERBA and Sandra L. Sterba, Debtors. Marvin A. Sicherman, Trustee, Plaintiff-Appellee, v. MBNA America. Bank, N.A., Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: February 29, 2008.


Attorney(s) appearing for the Case

ARGUED: Lawrence G. Reinhold, Weinstein & Riley, P.S., Huntington Woods, MI, for Appellant. Richard A. Baumgart, Dettelbach, Sicherman & Baumgart, Cleveland, OH, for Appellee.

ON BRIEF: Lawrence G. Reinhold, Weinstein & Riley, P.S., Huntington Woods, MI, for Appellant. Robert D. Barr, Marvin A. Sicherman, Dettelbach, Sicherman & Baumgart, Cleveland, OH, for Appellee.

Before: FULTON, RHODES, and SCOTT, Bankruptcy Appellate Panel Judges.


OPINION

JOSEPH M. SCOTT, JR., Bankruptcy Judge.

The chapter 7 trustee filed an adversary proceeding in the debtors' chapter 7 case pending in the Northern District of Ohio seeking to avoid preferential transfers from MBNA America Bank, NA. ("Appellant") in the amount of $8,206 under 11 U.S.C. §§ 544, 547, and 551 and Ohio Revised Code § 1313.56. The Appellant appeals an order of the bankruptcy court denying its motion to dismiss the adversary...

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