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IN RE NET-VELÁZQUEZ

No. 09-1816.

625 F.3d 34 (2010)

In re Manuel E. NET-VELÁZQUEZ, Debtor. Banco Bilbao Vizcaya Argentaria, Defendant, Appellant, v. Noreen Wiscovitch-Rentas, as Trustee for the Estate of Manuel Enrique Net-VELÁZQUEZ, Plaintiff, Appellee.

United States Court of Appeals, First Circuit.

Decided November 2, 2010.

Attorney(s) appearing for the Case

María S. Jiménez Meléndez , with whom Wanda I. Luna Martínez and Montañez & Alicea Law Office were on brief, for appellant.

Noreen Wiscovitch-Rentas , with whom Enrique N. Vela Colón was on brief, for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and BARBADORO, District Judge.

LIPEZ, Circuit Judge.

This appeal arises from a bankruptcy court adversary proceeding challenging Appellant Banco Bilbao Vizcaya Argentaria's (BBVA) garnishment of funds in the bank account of a corporation wholly owned by a Chapter 7 debtor and his wife. BBVA appeals the district court's affirmance of a bankruptcy court judgment in favor of the bankruptcy trustee, holding that BBVA's garnishment of funds was a preferential transfer of estate property avoidable under...

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