Bankr. L. Rep. P 71,138 in Re Brass Kettle Restaurant, Inc., Debtor, Laurence H. Kallen, as Trustee v. Ash, Anos, Freedman & Logan

GRANT, Senior District Judge.

The Bankruptcy Court granted summary judgment to plaintiff-appellee finding that certain monies received by defendant-appellant constituted a preferential transfer under 11 U.S.C. § 547(b) and did not qualify as an exception to preferential transfers under 11 U.S.C. § 547(c)(l)-(3) (Supp. V 1981). The district court affirmed and defendant-appellant seeks our review. We reverse.

Facts

On October 11, 1981, debtor, Brass Kettle Restaurant, Inc., and defendant-appellant, the law firm Ash, Anos, Freedman & Logan, entered into a retainer agreement under which Ash, Anos…