Bankruptcy court’s award of $20,000 preference recovery judgment against National Lumber, in bankruptcy trustee’s action to recover money paid to a creditor, is affirmed where: 1) the conclusion that the debtor exercised sufficient control over the funds at issue to demonstrate that they were an interest of the debtor in property is supported by the record; and 2) the successor judge had no obligation to recall witnesses or to order a new trial.
Read Riley v. Nat’l Lumber Co., No. 08-9010
Appeal from the Bankruptcy Appellate Panel
Decided October 15, 2009
Judges
Before: Gibson, Howard, and Boudin, Circuit Judges
Opinion by: Gibson, Circuit Judge
Counsel
For Appellant: Mark E. Barnett
For Appellee: Lynne F. Riley
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