In Re Unicom Computer Corporation

13 F.3d 321 62 USLW 2422 , 25 Bankr.Ct.Dec. 152 , Bankr. L. Rep. P 75,708 In re UNICOM COMPUTER CORPORATION, aka Unicom Communications Corporation, NCH Corp., and Unicom Capital Corporation, Debtor. MITSUI MANUFACTURERS BANK, Appellant, v. UNICOM COMPUTER CORPORATION, Appellee. No. 92-15165. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1993. Decided Jan. 5, 1994. Sanford Svetcov and L. Joanne Sakai, Landels, Ripley & Diamond, San Francisco, CA, for appellant. Merle C. Myers and Constance L. Kleiner, Goldberg, Stinnett & MacDonald, San Francisco, CA, for appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel. Before: CHOY, HUG, and LEAVY, Circuit Judges. LEAVY, Circuit Judge: 1 In this appeal we are called upon to decide whether a debtor's prepetition transfer to a creditor of money belonging to the creditor but mistakenly received by the debtor constitutes a voidable preference because the debtor had temporary possession of the money within ninety days of the filing of its petition in bankruptcy. The Bankruptcy Appellate Panel ("BAP") upheld the bankruptcy court's ruling that, for purposes of bankruptcy law, the debtor's…