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IN RE MARSHALL

No. 08-3080.

550 F.3d 1251 (2008)

In re Bryan K. MARSHALL and Julie M. Marshall, Debtors. Linda S. Parks, Trustee, Plaintiff-Appellant, v. FIA Card Services, N.A., Successor in interest to MBNA Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 30, 2008.

Attorney(s) appearing for the Case

Gaye B. Tibbets (with Jennifer Goheen-Lynch on the briefs) of Hite, Fanning & Honeyman, L.L.P., Wichita, KS, for Plaintiff-Appellant.

Elizabeth A. Carson (with Petra H. Johnson on the briefs) of Bruce, Bruce & Lehman, L.L.C., Wichita, KS, for Defendant-Appellee.

Before TACHA, BRISCOE, and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

During the ninety-day period prior to filing of their Chapter 7 bankruptcy petition, Bryan and Julie Marshall (Debtors) used their Capital One credit card accounts to make payments on their MBNA credit card accounts. Linda Parks, the bankruptcy Trustee, filed an adversary complaint against MBNA (now FIA Card Services) seeking to avoid the payments as preferential transfers under 11 U.S.C. § 547(b). The bankruptcy court concluded the payments...

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