In Re Food Catering & Housing, Inc.

971 F.2d 396 Bankr. L. Rep. P 74,811 In re FOOD CATERING & HOUSING, INC., f/k/a Universal Services, Inc.--International, Debtor. In re FOOD CATERING & SUPPLY, INC., f/k/a Galley Stores & Supply Co., Inc., Debtor. Kent W. MORDY, Trustee of Food Catering & Housing, Inc., and Food Catering & Supply, Inc., Plaintiff-Appellee, v. CHEMCARB, INC., d/b/a ChemCarb CO2, Defendant-Appellant. No. 91-35691. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 1, 1992. Decided July 31, 1992. Robert N. Windes, Le Gros, Buchanan, Paul & Whitehead, Seattle, Wash., for defendant-appellant. Bruce J. Borrus, Riddell, Williams, Bullitt & Walkinshaw, Seattle, Wash., for trustee-appellee. Appeal from the United States District Court for the Western District of Washington. Before: FARRIS, NORRIS and KOZINSKI, Circuit Judges. FARRIS, Circuit Judge: 1 Chemcarb, Inc., appeals the grant of summary judgment in favor of the trustee avoiding several payments Chemcarb received from the debtors. Chemcarb asserts that: 1) the $18,830.47 payment from the debtors was excepted from the voidable preference rule by 11 U.S.C. § 547 (c)(2); and 2) the $24,349.58…