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IN RE INTERSTATE BAKERIES CORP.

BAP No. 11-6005.

460 B.R. 222 (2011)

In re INTERSTATE BAKERIES CORPORATION, etc., Debtor, U.S. Bank National Association, in its capacity as Trustee for the IBC Creditors Trust, Plaintiff-Appellee, v. SMF Energy Corporation, d/b/a Streicher Mobile Fueling, Inc., Defendant-Appellant, Global Crossing Telecommunications, Inc., City of Alexandria, Louisiana, Defendants.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: November 25, 2011.

Attorney(s) appearing for the Case

Stephen Trivett Maher, Miami, FL, for Appellant.

Paul Sinclair, Anthony Wayne Bonuchi, Andrew J. Nazar, Brendan L. McPherson, on brief, Kansas City, MO, for Appellee.

Before KRESSEL, Chief Judge, SALADINO and NAIL, Bankruptcy Judges.

KRESSEL, Chief Judge.

SMF Energy Corporation f/k/a or d/b/a Streicher Mobile Fueling, Inc., appeals from a January 12, 2011 bankruptcy court1 order finding that three payments totaling $54,778.46 received by SMF from Interstate Bakeries Corporation in the 90-day preference period preceding IBC's chapter 11 filing were preferential payments under 11 U.S.C. § 547(b) and were thus subject to...

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