DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
136003P.pdf 08/01/2013 Charles W. Ries v. Michael Calandrillo
U.S. Court of Appeals Case No: 13-6003
U.S. Bankruptcy Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Nail, Author, with Federman, Chief Judge, and Saladino,
Bankruptcy Judge]
Bankruptcy Appellate Panel. Bankruptcy court did not err in allowing
trustee's amended complaint to relate back to the date of the original
complaint as the original complaint was timely and Calandrillo was aware
of the adversary proceeding; further, Calandrillo knew or should have
known that he would have been named as defendant but for a mistake as to
the proper party; $65,000 payment made to defendant's lawyers in trust for
plaintiff was not a contemporaneous exchange within the meaning of 11
U.S.C. Sec. 547(c)(1), or a payment made in the ordinary course of
business within the meaning of 11 U.S.C. Sec. 547(c)(2)(A), and the court
did not err in ordering Calandrillo to return the funds to the trustee
under 11 U.S.C. Sec. 547(b).