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IN RE FALCON PRODUCTS, INC.

BAP No. 07-6036EM.

381 B.R. 543 (2008)

In re FALCON PRODUCTS, INC., et al., Debtors. Falcon Creditor Trust, Plaintiff-Appellant, v. First Insurance Funding, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: June 28, 2008.

Attorney(s) appearing for the Case

David M. Brown, Nicholas A. Franke, on brief, St. Louis, MO, for appellant.

David A. Sosne, Bonnie L. Clair, Brian J. LaFlamme, on brief, St. Louis, MO, for appellee.

Before MAHONEY, FEDERMAN and VENTERS, Bankruptcy Judges.

VENTERS, Bankruptcy Judge.

This is an appeal of the bankruptcy court's determination on summary judgment that certain payments made to the Defendant by Debtor Falcon Products, Inc., within the 90-day preference period were not preferential under 11 U.S.C. § 547. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(b). For the reasons set forth below, we reverse the decision of the bankruptcy court and remand this case for further proceedings...

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