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IN RE PLM/HOTEL-MOTEL DIV., INC.

Bankruptcy No. 3-82-01829, Adv. No. 3-83-0270.

35 B.R. 499 (1983)

In re PLM/HOTEL-MOTEL DIVISION, INC., Formerly Glade Hill Townhome Development Co., Inc., Assignee of Knoxville Convention and Tourist Bureau, d/b/a Knoxvisit Housing Bureau, Debtor. COUNTY-UPTOWN MOTEL, INC. and Prince & Pauper Motel, Inc., Plaintiffs, v. PLM/HOTEL-MOTEL DIVISION, INC., Defendant.

United States Bankruptcy Court, E.D. Tennessee.

November 10, 1983.

Attorney(s) appearing for the Case

Kennerly, Montgomery, Howard & Finley, Gail M. Good, Knoxville, Tenn., for plaintiff Country-Uptown Motel, Inc.

Kramer, Johnson, Rayson, McVeigh & Leake, James A. Ridley, III, Knoxville, Tenn., for plaintiff Prince & Pauper Motel, Inc.

Lockridge & Becker, P.C., James A. McIntosh, Knoxville, Tenn., for defendant.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether lodging proceeds initially deposited in the debtor's general bank account but subsequently transferred to a separate account are trust funds in which plaintiffs own the equitable interest, 11 U.S.C.A. § 541(d) (1979).

I

The facts have been stipulated. Plaintiffs are two Knoxville motels which were parties to separate reservation agreements, with different booking agents...

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