Legal Opinion
McLemore v. Citizens Bank of Cookeville (In Re Tom McCormick Enterprises, Inc.)
United States Bankruptcy Court, M.D. Tennessee
Decided January 10, 1983No. Bankruptcy No. 380-02264, Adv. No. 382-0036PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
This adversary proceeding was commenced by the trustee’s complaint to avoid the defendant’s postpetition appropriation of checking account deposits generated from the sale of debtor’s inventory. The issue before the court is whether defendant’s action is an avoidable postpetition transfer pursuant to 11 U.S.C.A. § 549 (West 1979). After consideration of the stipulations, exhibits, briefs of the parties, and applicable authority, the court finds that the application of the proceeds constitutes an avoidable postpetition transfer and that the funds…
2Cases cited9 opinions
- In Re Texlon CorporationCourt of Appeals for the Second Circuit · 1979
- Susquehanna Chemical Corp. v. Producers Bank & Trust Co.Court of Appeals for the Third Circuit · 1949
- Waldschmidt v. Columbia Gulf Transmission Co. (In Re Fulghum Construction Corp.)United States Bankruptcy Court, M.D. Tennessee · 1982
- Toof v. City Nat. Bank of PaducahCourt of Appeals for the Sixth Circuit · 1913
- Citizens Fidelity Bank & Trust Co. v. All-Brite Sign Service Co. (In Re All-Brite Sign Service Co.)United States Bankruptcy Court, W.D. Kentucky · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Martino v. First National Bank of Harvey (In Re Garofalo's Finer Foods, Inc.)District Court, N.D. Illinois · 1995
- In The Matter Of Saybrook Manufacturing Co., Inc.Court of Appeals for the Eleventh Circuit · 1992
- In Re GillisUnited States Bankruptcy Court, D. Hawaii · 1988
- Dubuque Packing Co. v. Stonitsch (In Re Isis Foods, Inc.)District Court, W.D. Missouri · 1984
- In The Matter Of Sullivan Central Plaza I, Ltd.Court of Appeals for the Fifth Circuit · 1991
12 more not listed; retrieve them via the Exa API.