IN RE BROOKE CORP.

Bankruptcy No. 08-22786. Adversary No. 09-6011.

458 B.R. 579 (2011)

In re BROOKE CORPORATION, a Kansas Corporation, et al., Debtors. Northern Capital, Inc., Plaintiff, v. The Stockton National Bank and Brooke Capital Advisors, Inc., Defendants and Albert A. Riederer, Chapter 7 Trustee of Brooke Corporation, Intervener-Defendant. Albert A. Riederer, Chapter 7 Trustee of Brooke Corporation, Third-Party Plaintiff v. Northern Capital, Inc., The Stockton National Bank, Alliant Bank, The Bank of Commerce and Trust Co., Midwest Community Bank, Milledgeville State Bank, Iowa State Bank, First National Bank of Smith Center, Farley State Bank, and First Community Bank, Third-Party Defendants.

United States Bankruptcy Court, D. Kansas.

September 28, 2011.


Attorney(s) appearing for the Case

Maria L. DiGiorgio-Marrero , Miami, FL, for Plaintiff.

John J. Cruciani , Husch Blackwell LLP, Kansas City, MO, Terry C. Cupps , Commerce Bank Center, Wichita, KS, for Defendants.

Farley State Bank, pro se.


MEMORANDUM OPINION AND ORDER GRANTING STOCKTON NATIONAL BANK'S MOTION FOR PARTIAL SUMMARY JUDGMENT

DALE L. SOMERS, Bankruptcy Judge.

When the Trustee seeks to avoid allegedly preferential transfers that partially satisfied debtor's loan held by a lead bank subject to participation agreements and the lead bank transmitted the payments to the participants in accord with the participation agreements, is the lead bank the initial transferee under 11 U.S.C. ...

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