In Re Lendvest Mortgage, Inc.

42 F.3d 1181 32 Collier Bankr.Cas.2d 959 , 26 Bankr.Ct.Dec. 595 In re LENDVEST MORTGAGE, INC., Debtor. Charles E. SIMS, Successor Chapter 11 Trustee for Estate of Lendvest Mortgage, Inc., Appellee, v. Willard DeARMOND; Norma DeArmond, Appellants. No. 92-16073. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1993. Memorandum Filed Sept. 12, 1994. Order and Opinion Filed Dec. 16, 1994. Jim Roland Wagner, Wagner & Wagner, Napa, CA, for appellants. Steven M. Olson, Geary, Shea, O'Donnell & Grattan, Santa Rosa, CA, for appellee. ORDER The memorandum disposition filed September 12, 1994, is redesignated as an authored opinion by Judge Wiggins. Appeal from the Ninth Circuit Bankruptcy Appellate Panel. Before WALLACE, GARTH * , and WIGGINS, Circuit Judges. WIGGINS, Circuit Judge: 1 This case involves an adversary proceeding stemming from transactions apparently taken in contemplation of the bankruptcy of Lendvest Mortgage, Inc. ("Lendvest"). The Trustee in bankruptcy of Lendvest seeks recovery of an allegedly preferential transfer to Appellants Willard and Norma DeArmond, who were investors in Lendvest. The Trustee previously settled an action with the…