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.
161856P.pdf 06/15/2017 Joseph Sarachek v. Luana Savings Bank
U.S. Court of Appeals Case No: 16-1856
and No: 16-1955
U.S. District Court for the Northern District of Iowa - Dubuque
[PUBLISHED] [Benton, Author, with Loken and Beam, Circuit Judges]
Civil case - Bankruptcy. The bankruptcy court did not err in concluding
that true overdrafts were debt and payments to cover them were recoverable
as preferential transfers; the payments did not qualify as contemporaneous
exchanges for new value, or as debts and transfers in the ordinary course
of business or as transfers creating security interests; bankruptcy
court's decision to base the bank's liability on the uncorrected balances
is affirmed; no error in calculating the bank's liability on the basis of
two "netted" accounts; transfer of funds between the netted accounts was
not a transfer for or on account of an antecedent debt owed by the debtor
before the transfer was made, and it was not avoidable.