In re Incomnet, Inc.

463 F.3d 1064 In re INCOMNET, INC., a California corporation; In re Incomnet Communications Corporation, f/k/a National Telephone & Communications, Inc., Debtors, Universal Service Administrative Company, Appellant, v. Post-Confirmation Committee of Unsecured Creditors of Incomnet Communications Corporation, Appellee. No. 03-56736. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 2005. Filed September 20, 2006. COPYRIGHT MATERIAL OMITTED Jonathan T. Cain, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., Reston, VA, for the appellant. Michael R. Adele, Evan D. Smiley, Kyra E. Andrassy, and Michael J. Heyman, Albert, Weiland & Golden, LLP, Costa Mesa, CA, for the appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Montali, Klein, and Lee, Bankruptcy Judges, Presiding. BAP No. CC-03-01064-LKMo. Before: BROWNING, RAYMOND C. FISHER, and JAY S. BYBEE, Circuit Judges. BYBEE, Circuit Judge: 1 In this case we are asked to review the decision of the bankruptcy appellate panel ("BAP"), which held that the Universal Service Administrative Company ("USAC") was a transferee under 11 U.S.C. §§ 547 and 550. We hold that USAC is a…