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IN RE TOM McCORMICK ENTERPRISES, INC.

Bankruptcy No. 380-02264, Adv. No. 382-0036.

26 B.R. 437 (1983)

In re TOM McCORMICK ENTERPRISES, INC., d/b/a J.J. Morley and d/b/a Kittyhawk Sportswear, Inc., Debtor, John McLEMORE, Trustee, Plaintiff, v. CITIZENS BANK OF COOKEVILLE, Defendant.

United States Bankruptcy Court, M.D. Tennessee, Nashville Division.

January 10, 1983.

Attorney(s) appearing for the Case

Stephen M. Miller, Denney, Lackey & Chernau, Nashville, Tenn., for plaintiff.

H.S. Barnes, Barnes, Acuff & O'Mara, Cookeville, Tenn., for defendant.

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,...

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