DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
056047P.pdf 08/02/2006 Thomas D. Stalnaker v. George Gratton
U.S. Court of Appeals Case No: 05-6047
District of Nebraska
[PUBLISHED] [Schermer, Author, with Federman and Venters, Bankruptcy Judges]
Bankruptcy Appellate Panel. Bankruptcy court did not err in
determining defendant Gratton was not an insider of debtors for purposes
of avoiding certain transfers as preferential pursuant to 11 U.S.C. Sec.
547(b); bankruptcy court did not err in determining debtor received
reasonably equivalent value, and, therefore, a fraudulent conveyance did
not occur; however, the bankruptcy court erred in determining that
Gratton gave value to debtor Rosen in exchange for a lien on debtor's
condominium and, therefore, Gratton is not entitled to retain the lien on
the condominium under 11 U.S.C. Sec. 548(c).