IN RE ENTRINGER BAKERIES, INC.

No. 07-30499.

548 F.3d 344 (2008)

In the Matter of: ENTRINGER BAKERIES, INC., Debtor. Aaron E. Caillouet, Trustee, Appellant-Cross-Appellee, v. First Bank and Trust, Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

November 6, 2008.


Attorney(s) appearing for the Case

David J. Messina (argued), Fernand L. Laudumiey, IV, Gordon, Arata, McCollam, Duplantis & Eagan, New Orleans, LA, for Caillouet.

Philip K. Jones, Jr. (argued), Carey L. Menasco, Liskow & Lewis, New Orleana, LA, for First Bank & Trust.

Before SMITH and PRADO, Circuit Judges, and YEAKEL, District Judge.


PER CURIAM:

Aaron Caillouet, the trustee of the bankruptcy estate of Entringer Bakeries ("Entringer"), sued First Bank and Trust ("FBT") to avoid two pre-petition transfers from Entringer to FBT. The bankruptcy court held that both transfers were of funds that had been "earmarked" for FBT and were therefore avoidable only to the extent that the transfers diminished the estate. The court held that the transfers diminished the estate by $74,381.04 and entered judgment...

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