District court's order affirming a bankruptcy court judgment allowing the bankruptcy trustee to avoid and recover certain payments made to plaintiff during the 90 days prior to the bankruptcy petition is affirmed as, regardless of whether the transfers set in motion a chain of events that resulted in the debtor's recoupment of the amounts paid, plaintiff did not show that such new value was given to the debtor as part of a contemporaneous exchange.
Argued: December 2, 2009
Decided: January 22, 2010
Opinion by Chief Judge Traxler
For Appellant: James Durling Fullerton, Fullerton & Knowles, PC
For Appellee: James Bigelow Angell, Howard Stallings From & Hutson, PA