Riley v. Nat'l Lumber Co., No. 08-9010

Bankruptcy court's award of $20,000 preference recovery judgment against National Lumber, in bankruptcy trustee's action to recover money paid to a creditor, is affirmed where: 1) the conclusion that the debtor exercised sufficient control over the funds at issue to demonstrate that they were an interest of the debtor in property is supported by the record; and 2) the successor judge had no obligation to recall witnesses or to order a new trial.   

Read Riley v. Nat'l Lumber Co., No. 08-9010

Appeal from the Bankruptcy Appellate Panel

Decided October 15, 2009

Judges

Before:  Gibson, Howard, and Boudin, Circuit Judges

Opinion by:  Gibson, Circuit Judge

Counsel

For Appellant:  Mark E. Barnett

For Appellee:  Lynne F. Riley