DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
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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).