IN RE GAS-MART USA, INC.

No. 19-6013.

613 B.R. 168 (2020)

IN RE: GAS-MART USA, INC., Debtor. Richard S. Lauter, not individually but solely as Creditor Trustee of the Gas-Mart USA, Inc. Creditor Trust, Plaintiff-Appellant, v. Wells Fargo Bank, National Association, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: March 19, 2020.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Devon J. Eggert , of Milwaukee, WI. The following attorney(s) appeared on the appellant brief; Devon J. Eggert, of Milwaukee, WI.

Counsel who presented argument on behalf of the appellee was Stephen B. Sutton , of Kansas City, MO. The following attorney(s) appeared on the appellee brief; Stephen B. Sutton, of Kansas City, MO., David Thornton Manry Powell , of Kansas City, MO.

Before SALADINO, Chief Judge, SCHERMER and SHODEEN, Bankruptcy Judges.


Richard S. Lauter, as Trustee of the Gas-Mart USA, Inc. Creditor Trust (Trustee), appeals the bankruptcy court's1 decision applying the contemporaneous exchange for new value preference defense under Bankruptcy Code § 547(c)(1) to except payments by Gas-Mart USA, Inc. (Debtor) to Wells...

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