Wagner v. Farmers Cooperative Elevator Co. (In Re Wagner)

ORDER

DONALD E. O’BRIEN, Senior District Judge.

The Court has before it Plaintiff/Debtor’s appeal from the Bankruptcy Court’s denial of his unlawful preferential payment claim. A hearing was held in this matter on May 6, 1994 in Fort Dodge, Iowa at which the Court heard both parties’ oral arguments. After careful consideration of the facts involved, it is the ruling of this court that the Plaintiff’s appeal is denied.

I. FACTS

Plaintiff Wagner is a Chapter 11 Debtor who is seeking to recover $362,500 1 which he paid to the Defendant, Farmers Cooperative Elevator Company (hereinafter, Defendant…