Kupetz v. United States ex rel. United States Department of Education (In re California Trade Technical Schools, Inc.)
Court of Appeals for the Ninth Circuit
1Opinion of the Court
REINHARDT, Circuit Judge:
California Trade Technical Schools, Inc. (“CTTS”) filed a voluntary petition for reorganization under chapter 11 of the Bankruptcy Code on July 25, 1983. The case was converted to a chapter 7 liquidation proceeding on June 19, 1984. Shortly thereafter, Arnold Kupetz was appointed trustee of the bankruptcy estate. On August 21, 1986, Kupetz filed a complaint to recover funds transferred to the government on May 20, 1983 as an avoidable preference under 11 U.S.C. § 547 (1979). The bankruptcy court granted summary judgment for Kupetz. The government timely appealed under…
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