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.

126033P.pdf   12/03/2012  David G. Velde  v.  Border State Bank
   U.S. Court of Appeals Case No:  12-6033
                          and No:  12-6035
   U.S. Bankruptcy Court for the District of Minnesota - Fergus Falls   
   [PUBLISHED] [Federman, Author, with Venters and Saladino,
   Bankruptcy Judges]
   Bankruptcy Appellate Panel. The bankruptcy court did not err in
   rejecting the bank's "floating lien" defense under Sec. 574(c)(5), its
   "ordinary course of business" defense under Sec. 547(c)(2) or its "new
   value" defense under Sec. 547(c)(4); bankruptcy court correctly found
   that payment to the bank of funds which were held in debtor's account at
   the bank at the start of the liquidation period was not a preferential
   transfer or an improper setoff; bankruptcy court did err in giving the bank
   a credit for a consulting fee it paid to a retail liquidator, and that sum
   should be deducted from the judgment.