Legal Opinion
Clare v. Liberty National Bank & Trust Co. (In re Torco Equipment Co.)
District Court, W.D. Kentucky
Decided May 21, 1984No. Bankruptcy No. 38200910; Adv. No. 3840030PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
MERRITT S. DEITZ, Jr., Bankruptcy Judge.
This trustee’s preference action, brought against the same creditor who had sued the trustee and the debtor two years ago on a related claim, is sought to be dismissed by the creditor Liberty National Bank. The creditor urges the right outcome for the wrong reasons. We dismiss the complaint, on procedural grounds we will explain.
In May, 1982, Liberty National sued Tor-eo Equipment Co. and Michael J. Clare, its trustee in bankruptcy, for relief from the automatic stay in order to reclaim its security on an $81,000 debt. The trustee…
2Cited by4 opinions
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