MATTER OF STILL

No. 91-1335.

963 F.2d 75 (1992)

In the Matter of William Harvey STILL, Debtor. FEDERAL DEPOSIT INSURANCE CORPORATION, Successor in Interest to the First State Bank of Abilene, Appellant, v. Stanley W. WRIGHT, Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

June 17, 1992.


Attorney(s) appearing for the Case

Charles A. Beckham, Jr., Kemp, Smith, Duncan & Hammond, El Paso, Tex., Christine M. Anderson, F.D.I.C., Dallas, Tex., and Daniel H. Kurtenbach, Atty., F.D.I.C., Washington, D.C., for appellant.

Thomas M. Wheeler, Abilene, Tex., for appellee.

Before THORNBERRY, GARWOOD, and DAVIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

This case presents the narrow question of whether the FDIC-as-Receiver can use § 550(b)(1) of the Bankruptcy Code to defend against a trustee's avoidance of a preferential transfer. We hold that the FDIC is not entitled to the defense and therefore affirm the district court.

I.

In June 1988 the First State Bank of Abilene (Bank) obtained a judgment against William H. Still to enforce a guaranty. A month later...

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