IN RE DILWORTH

No. 08-3389.

560 F.3d 562 (2009)

In re Jeannette L. DILWORTH, Debtor. Louis J. Yoppolo, Trustee, Plaintiff-Appellee, v. MBNA America Bank, N.A, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 27, 2009.


Attorney(s) appearing for the Case

ON BRIEF: Lawrence G. Reinhold, Weinstein & Riley, Huntington Woods, Michigan, for Appellant. Louis J. Yoppolo, Shindler, Neff, Holmes, Schlageter & Mohler, Toledo, Ohio, for Appellee.

Before: KENNEDY and BATCHELDER, Circuit Judges; THAPAR, District Judge.


OPINION

ALICE M. BATCHELDER, Circuit Judge.

In this appeal we are asked to decide whether the bankruptcy court erred by holding that a certain bank-to-bank transfer of funds was a preference within the meaning of 11 U.S.C. § 547. Because we conclude that the transfer in fact diminished the debtor's assets and the "earmark" doctrine does not apply, and therefore the transfer was of an interest of the debtor in the property, we affirm the judgment of...

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