Karnes v. First Bank & Trust Co. (In Re H.I.A. of Mt. Vernon)

MEMORANDUM AND ORDER

KENNETH J. MEYERS, Bankruptcy Judge.

This matter is before the Court on the Trustee’s Complaint to Avoid Post-Petition Transfer. At the trial of the matter, the sole issue raised was the threshold question of whether the Trustee’s cause of action is barred by the statute of limitations contained in 11 U.S.C. § 549(d). 1

At the trial, the parties represented that no factual issues pertaining to the statute of limitations issue remained in dispute. The facts, as presented by the parties and gleaned from the record, are as follows:

On March 29, 1985, debtor filed its petition in…