In Re Hedrick

524 F.3d 1175

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 4, 2008
• Docket: 07-11179
• Status: Published

Opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT JUNE 4, 2008 No. 07-11179 THOMAS K. KAHN ________________________ CLERK

D. C. Docket No. 05-02689-CV-TCB BKCY No. 04-06420-BKC-JE

In Re: TRACY JOSEPH HEDRICK, THERESA ANN HEDRICK,

Debtors. __________________________________________________

NEIL C. GORDON, Trustee for the Estate of Tracy Joseph Hedrick and Theresa Ann Hedrick,

Plaintiff-Appellant,

versus

NOVASTAR MORTGAGE, INC.,

Defendant-Appellee.

________________________

No. 07-11187 ________________________

D. C. Docket No. 05-03123-CV-TCB-1 BKCY No. 03-68468-BKC-MGD In Re: SOM R. SHARMA,

Debtor. __________________________________________________

NEIL C. GORDON, Trustee for the Estate of Santosh K. Sharma,

ABN AMRO MORTGAGE GROUP, INC.,

Appeals from the United States District Court for the Northern District of Georgia _________________________

(June 4, 2008)

ON PETITION FOR REHEARING

Before CARNES and BARKETT, Circuit Judges, and COHN,* District Judge.

PER CURIAM:

After considering the appellant’s petition for panel rehearing and suggestion

for rehearing en banc, we revise our opinion filed on April 15, 2008, and

* Honorable James I. Cohn, United States District Judge for the Southern District of Florida, sitting by designation.

2 published at 524 F.3d 1175, in one respect. The first two sentences of the first full

paragraph on page 1189 are deleted, and the following sentence is substituted in

their place:

Section 547(e)(2)(A)’s primary purpose is to defeat § 547(b)(2)’s

antecedent debt requirement by causing transfers that are perfected

within ten days to be “made” at the time of the transfer. See Dorholt

v. Linquist (In re Dorholt, Inc.), 239 B.R. 521, 523 (B.A.P. 8th Cir.

1999), aff’d, 224 F.3d 871 (8th Cir. 2000); 5 Collier on Bankruptcy ¶

547.05[5][a], at 547–97 (15th ed. rev. 2006).

With regard to the other issues raised, the petition for panel rehearing is

DENIED. This order does not affect appellant’s petition insofar as it is a

suggestion for rehearing en banc.