In Re Kemp Pacific Fisheries, Inc.

16 F.3d 313 62 USLW 2530 , Bankr. L. Rep. P 75,694 In re KEMP PACIFIC FISHERIES, INC., A Washington corporation, Debtor. Thomas HANSEN, trustee of the Kemp Pacific Fisheries, Inc., bankruptcy estate, Plaintiff-Appellee, v. MacDONALD MEAT COMPANY, A Washington corporation, Defendant-Appellant. No. 92-36631. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1993. Decided Feb. 3, 1994. Cheryl D. Carlson, Danial D. Pharris, Lasher Holzapfel Sperry & Ebberson, Seattle, Washington, for the defendant-appellant. James L. Day, Bush Strout & Kornfeld, Seattle, Washington, for the plaintiff-appellee. Appeal from the United States District Court for the Western District of Washington. Before GOODWIN, CANBY and KOZINSKI, Circuit Judges. PER CURIAM: 1 This is an action by a bankruptcy trustee to recover money paid to a creditor. The trustee, Thomas Hansen, argues that the payment in question was a preferential transfer and is avoidable under the Bankruptcy Code, 11 U.S.C. Sec. 547 (b). The bankruptcy court granted the trustee's motion for summary judgment and avoided the payment. The district court affirmed. The creditor, MacDonald Meat Company, appeals,…