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In re: MURRAY, INC., Debtor. _____________________________________ WILLIAM KAYE, Plaintiff - Appellant, v. AGRIPOOL, SRL Defendant - Appellee. |
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Appeal from the United States Bankruptcy Court
for the Middle District of Tennessee, Nashville Division.
Case No. 04-13611; Adversary No. 05-0715.
Argued: May 14, 2008
Decided and Filed: July 24, 2008
Before: RHODES, SCOTT, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.
JOSEPH M. SCOTT, JR., Bankruptcy Appellate Panel Judge. William Kaye, Trustee of the Murray Liquidating Trust (“Trustee”), appeals an order of the bankruptcy court dismissing his adversary complaint against Agripool, SRL (“Agripool”) to avoid certain payments as preferential transfers and recover $271,242.90 pursuant to 11 U.S.C. §§ 547 and 550. The bankruptcy court found that Agripool proved the ordinary course of business defense under 11 U.S.C. § 547(c)(2). For the reasons that follow, we reverse and remand.