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• Title: Temex Energy Inc. v. Underwood
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 25, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

OWEN, District Judge Before us again is the question of the appealability under 28 U.S.C. § 158(d) of an order of the District Court reversing a final order of the Bankruptcy Court and remanding for further proceedings.1 Appellant law firm Underwood, Wilson, Berry, Stein & Johnson performed certain legal services for a firm Amarex, Inc. in the year 1982. Underwood was paid $886,292 on account of these services by a legal entity called Amarex Funds, rather than Amarex Inc. Less than 90 days following this payment, certain creditors of Amarex Inc. filed an involuntary petition in bankruptcy under Chapter 7 of Title 11, and thereafter Amarex, Inc.'s successor, Temex Energy, Inc., commenced an adversary proceeding in the Bankruptcy Court to set aside and recover the $886,292 payment as a voidable preference under the Bankruptcy Code, 11 U.S.C. § 547(b).2

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