Summary
applying Georgia's law of equitable subrogation as outlined above to a bankruptcy case
Summary of this case from In re Heaven's Landing, LLCOpinion
Nos. 07-11179, 07-11187.
June 4, 2008.
William L. Rothschild, Ellenberg, Ogier Rothschild, P.C., Atlanta, GA, for Gordon.
Craig K. Pendergrast, Paul Baisier, Matthew N. Foree, Seyfarth Shaw, LLP, Atlanta, GA, for Appellees.
Edward D. Burch, Jr., Smith, Gambrell Russell, LLP, Atlanta, GA, for Stewart Title Guaranty Co., Amicus Curiae.
William V. Custer, IV, Powell, Goldstein, Frazer Murphy, Atlanta, GA, for Georgia Bankers Ass'n, Amicus Curiae.
Samuel K. Crocker, Crocker Niarhos, Nashville, TN, for Nat. Ass'n of Bankruptcy Trustees, Amicus Curiae.
Appeals from the United States District Court for the Northern District of Georgia (Nos. 05-02689-CV-TCB, 05-03123-CV-TCB-1, Bkcy Nos. 04-06420-BKC-JE, 03-68468-BKC-MGD); Timothy C. Batten and Mary Grace Diehl, Judges.
ON PETITION FOR REHEARING
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 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.