IN RE AFFILIATED FOODS SOUTHWEST INC.

No. 13-1721.

750 F.3d 714 (2014)

In re AFFILIATED FOODS SOUTHWEST INC., Debtor. Richard L. Cox, Trustee, Appellant v. Momar Incorporated, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 10, 2014.


Attorney(s) appearing for the Case

Thomas S. Streetman , Robert B. Gibson , argued, Crossett, AR, for Appellant.

Kimberly Wood Tucker , argued, Little Rock, AR., for Appellee.

Before WOLLMAN, LOKEN, and KELLY, Circuit Judges.


LOKEN, Circuit Judge.

This is an adversary proceeding commenced by Chapter 7 bankruptcy trustee Richard Cox to recover as avoidable preferences two payments that Momar, Inc. received from the debtor, Affiliated Foods Southwest, Inc., during the 90 days prior to Affiliated Foods filing a voluntary Chapter 11 petition (later converted to a Chapter 7 proceeding). At that time, Affiliated Foods was a wholesale food cooperative. Momar was a supplier of cleaning and sanitation...

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