Legal Opinion
Davis v. American Express Co. (In Re Wilson)
United States Bankruptcy Court, E.D. Tennessee
Decided December 10, 1985No. Bankruptcy No. 3-83-00848, Adv. No. 3-85-1020PublishedCited by 6 opinions
1Opinion of the Court
CLIVE W. BARE, Bankruptcy Judge.
MEMORANDUM
At issue is whether the plaintiff trustee’s action to avoid a postpetition transfer is barred by the two-year statute of limitations set forth in 11 U.S.C.A. § 549(d) (West 1979). The answer depends on whether the determinative transfer occurred when the check was issued or when the check was honored by the bank.
I
An involuntary chapter 7 petition was filed against the debtor on May 26, 1983. An order for relief was entered on August 3, 1983.
On May 28, 1985, the plaintiff trustee filed a complaint to avoid under § 549 of the Bankruptcy Code an alleged…
2Cases cited2 opinions
- Matter of DuffyUnited States Bankruptcy Court, S.D. New York · 1980
- Ducker v. Isaac Building Corp. (In Re Bridges Enterprises, Inc.)United States Bankruptcy Court, S.D. Ohio · 1984
3Cited by6 opinions
- Buckeye Check Cashing, Inc. v. Meadows (In Re Meadows)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Tarver v. Trois Etoiles, Inc. (In Re Trois Etoiles, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- Clendenen v. Van Dyk Oil Co. (In Re By-Rite Distributing, Inc.)District Court, D. Utah · 1988
- Thomas v. J.P.S. Associates (In Re Majesto Electro Industries, Ltd.)United States Bankruptcy Court, M.D. Pennsylvania · 1987
- Buckeye Check Cashing, Inc. v. Meadows (In Re Meadows)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
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