Laizure
Laizure v. Bussetto Foods, Inc.
Opinion
Opinion
Hug, J.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In the Matter of: CHARLES LAIZURE;
JULIE ANN LAIZURE,
Debtors, No. 06-16857
BUSSETO FOODS, INC., BAP No. EC-06-1112-BMoS Appellant,
OPINION
v.
CHARLES LAIZURE,
Appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Brandt, Montali, and Smith, Bankruptcy Judges, Presiding
Argued and Submitted May 16, 2008—San Francisco, California
Filed November 17, 2008
Before: Procter Hug, Jr. and N. Randy Smith, Circuit Judges, and Richard Mills,* District Judge.
Opinion by Judge Hug
*The Honorable Richard Mills, United States District Judge for the Central District of Illinois, sitting by designation.
15405
IN THE MATTER OF LAIZURE 15407
COUNSEL
Michael Wilhelm, McCormick, Barstow, Sheppard, Wayte & Carruth LLP, Fresno, California, for the appellant. 15408 IN THE MATTER OF LAIZURE Kristine M. Kelly, Fresno, California, for the appellee.
OPINION
HUG, Circuit Judge:
In this bankruptcy case, we determine whether a creditor that is required to return to the trustee a payment from the debtor made within the ninety-day preference period…