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.
206005P.pdf 08/07/2020 Daniel Dooley v. Luxfer MEL Technologies
U.S. Court of Appeals Case No: 20-6005
U.S. Bankruptcy Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Schermer, Author, with Saladino, Chief Judge, and Sanberg,
Bankruptcy Judge]
Bankruptcy Appellate Panel. Based on the bankruptcy court's decision in
the matter , the panel cannot determine whether the bankruptcy court erred
in determining that payments to Luxfer were not protected by the ordinary
course of business defense to a preference action; remanded to the
bankruptcy court to set forth the method by which it adopted 47 days as
the ordinary course cut-off or, alternatively, determine which preferences
were made in the ordinary course; in addition, the adversary complaint
seeks not only avoidance of the preferential transfers under Bankruptcy
Code Sec. 547, but the court's decision did not address recovery under
that section; on remand, the bankruptcy court should determine the
Trustee's entitlement to recovery under Sec. 550.