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IN RE ESA ENVIRONMENTAL SPECIALISTS, INC.

No. 11-2150.

709 F.3d 388 (2013)

In re ESA ENVIRONMENTAL SPECIALISTS, INC., Debtor. Stanley Marvin Campbell, Plaintiff-Appellant, v. The Hanover Insurance Company, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 1, 2013.

Attorney(s) appearing for the Case

Allen Burton Shuford , The Bain Group, PLLC, Charlotte, North Carolina, for Appellant. William L. Esser , Parker, Poe, Adams & Bernstein, LLP, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the majority opinion, in which Judge WILKINSON joined. Chief Judge TRAXLER wrote a dissenting opinion.

OPINION

AGEE, Circuit Judge:

The Trustee in bankruptcy of ESA Environmental Specialists, Inc. ("ESA") appeals from the affirmance by the district court of the award of summary judgment by the bankruptcy court to The Hanover Insurance Co. ("Hanover"). The bankruptcy court concluded that ESA's transfer of $1.375 million to Hanover within 90 days of ESA's filing a petition for bankruptcy was not an avoidable preference under 11 U.S.C. § 547(b). For the...

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