In Re Irfm, Inc.

52 F.3d 228 63 USLW 2686 , 33 Collier Bankr.Cas.2d 237 , 27 Bankr.Ct.Dec. 77 , Bankr. L. Rep. P 76,452 In re IRFM, INC., a California Corporation, formerly d/b/a Irvine Ranch Farmers Market, Debtor. Robert P. MOSIER, Chapter 7 Trustee, Plaintiff-Appellant, v. EVER-FRESH FOOD COMPANY, Defendant-Appellee. No. 93-56228. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1995. Decided April 5, 1995. Dennis F. Fabozzi, Fabozzi, Prenovost & Normandin, Santa Ana, CA, for plaintiff-appellant. Gerald Lee Bolinger, Santa Ana, CA, for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before: BROWNING, BOOCHEVER and BEEZER, Circuit Judges. BEEZER, Circuit Judge: 1 Robert P. Mosier, Chapter 7 Trustee, appeals the district court's grant of summary judgment in favor of creditor Ever-Fresh Food Company ("Ever-Fresh"). Mosier filed this action seeking recovery of $72,895.17 in preferential transfers from the Debtor, IRFM, Inc., to Ever-Fresh. The district court, affirming the bankruptcy court, held that Ever-Fresh was entitled to a full new value offset under section 547(c)(4), notwithstanding the fact that the…