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VELDE v. KIRSCH

No. 07-2017.

543 F.3d 469 (2008)

David G. VELDE, Chapter 7 Trustee, Appellant, v. David KIRSCH, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 24, 2008.

Attorney(s) appearing for the Case

Justin Peter Weinberg, argued, Michael S. Dove, Mary Kay Mages, on the brief, New Ulm, MN, for appellant.

David L. Johnson, argued, Fargo ND, for appellee.

Before COLLOTON and SHEPHERD, Circuit Judges, and ERICKSON, District Judge.

ERICKSON, District Judge.

David G. Velde, a bankruptcy trustee for the District of Minnesota, appeals the decision of the district court2 reversing and vacating a prior decision of the bankruptcy court in an adversary proceeding. The trustee contends that the check received by David Kirsch in replacement of a dishonored check was a payment made within the ninety-day period prior to the filing of a bankruptcy and was thus a prohibited preference...

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