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IN RE C.W. MIN. CO.

No. 12-4174.

749 F.3d 895 (2014)

In the Matter of C.W. MINING COMPANY, Debtor. Gary E. Jubber, Appellant, v. Bank of Utah; Hiawatha Coal Company, Inc.; P.P.M.C., Inc., Appellees.

United States Court of Appeals, Tenth Circuit.

April 15, 2014.

Attorney(s) appearing for the Case

Michael N. Zundel ( T. Edward Cundick with him on the briefs), Prince, Yeates & Geldzahler, Salt Lake City, Utah, for Appellant.

P. Matthew Cox , Snow Christensen & Martineau, and Steven J. McCardell , Durham Jones & Pinegar, P.C. ( David F. Klomp and Jessica G. Peterson , Durham Jones & Pinegar, P.C; Kim R. Wilson , Snow Christensen & Martineau; and Peter W. Guyon , The Law Office of Peter W. Guyon, P.C., with them on the briefs), Salt Lake City, Utah, for Appellees.

Before TYMKOVICH, BRORBY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

The Chapter 7 Trustee in this matter (the "Trustee") filed a complaint with the bankruptcy court seeking to recover a post-petition transfer to the Bank of Utah (the "Bank"). The bankruptcy court granted summary judgment in favor of the Bank, concluding the Bank was a fully secured creditor and, thus, the transfer caused no damage to the Estate. After the Bankruptcy Appellate Panel ("BAP") affirmed the ruling of the...

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