Legal Opinion
McLemore v. Third National Bank (In Re Montgomery)
United States Bankruptcy Court, M.D. Tennessee
Decided February 8, 1991No. Bankruptcy No. 388-03712, Adv. No. 389-0119PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
The issue is whether Third National Bank received a preference when it was extracted from the debtors’ check kiting scheme during the 90 days before this involuntary bankruptcy. Third National Bank received an avoidable preference. The following are findings of fact and conclusions of law. Bankr.R. 7052.
I
Eddie Montgomery was a lawyer. Through his company, Southland Escrow Services, Inc., Montgomery conducted thousands of real estate closings in Middle Tennessee.
In July of 1987, Montgomery met with officers of Third National Bank (“TNB”) to discuss…
2Cases cited49 opinions
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Ohio v. KovacsSupreme Court of the United States · 1985
- Williams v. United StatesSupreme Court of the United States · 1982
- Merrill v. Abbott (In Re Independent Clearing House Co.)District Court, D. Utah · 1987
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3Cited by17 opinions
- In Re Hedged-Investments Associates, Inc., Debtor. Harvey Sender, Trustee v. The Nancy Elizabeth R. Heggland Family Trust, and Radoy W. HegglandCourt of Appeals for the Tenth Circuit · 1995
- Official Committee of Unsecured Creditors of Enron Corp. v. Martin ( in Re Enron Creditors Recovery Corp.)United States Bankruptcy Court, S.D. New York · 2007
- Berry F. Laws, Iii, Trustee v. United Missouri Bank of Kansas City, N.A., the Missouri Bankers Association, Amicus CuriaeCourt of Appeals for the Eighth Circuit · 1996
- Jobin v. McKay (In Re M & L Business MacHine Co.)United States Bankruptcy Court, D. Colorado · 1993
- Brown v. Federal Savings Bank (In Re Brown)United States Bankruptcy Court, W.D. Tennessee · 1997
12 more not listed; retrieve them via the Exa API.