123899P.pdf   03/20/2014  John R. Stoebner  v.  San Diego Gas & Electric Co.
   U.S. Court of Appeals Case No:  12-3899
                          and No:  12-4011
   Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit   
   [PUBLISHED] [Loken, Author, with Gruender and Shepherd, Circuit Judges] 
   Civil case -Bankruptcy. In three party-relationships where the debtor's 
   preferential transfer to a third party benefits the debtor's primary 
   creditor, new value (either contemporaneous or subsequent) can come from 
   the primary creditor, even if the third party is a creditor in its own 
   right and is the only defendant against whom the debtor has asserted a 
   claim of preference liability; as a result, the BAP correctly concluded 
   that defendants may offset subsequent new value that debtor's customers 
   paid to debtor for the defendants' utility services, regardless of when 
   the services were provided; on defendant SCE's cross-appeal the matter is 
   remanded with directions to reduce SCE's preference liability as a result 
   of an inadvertent double-counting error.