In Re San Diego Realty Exchange, Inc., Debtor. Harold S. Taxel, Trustee v. Jack Surnow

24 F.3d 249 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re SAN DIEGO REALTY EXCHANGE, INC., Debtor. Harold S. TAXEL, Trustee, Plaintiff-Appellee, v. Jack SURNOW, Defendant-Appellant. No. 92-56526. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1994. Decided May 2, 1994. Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Jack Surnow appeals a summary judgment in favor of Harold Taxel, trustee for chapter 7 debtor San Diego Realty Exchange, Inc. Senior District Judge Burns, sitting by designation on the bankruptcy court, held that Surnow had received a preferential transfer in violation of 11 U.S.C. Sec. 547 (b). We exercise jurisdiction over the appeal and reverse. I. 3 In the late 1980s, San Diego Realty Exchange, Inc. ("SDRE") facilitated "Starker exchanges," real estate transactions eligible for tax benefits under 26 U.S.C. Sec. 1031 . Generally, SDRE acquired "exchange property" from a client, transferred title to a third…