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IN RE BUTCHER

Bankruptcy No. 3-83-01008, Adv. No. 3-85-1151.

57 B.R. 101 (1985)

In re C.H. BUTCHER, Jr., Debtor. James R. MARTIN, Trustee, Plaintiff, v. FIRST NATIONAL BANK OF LOUISVILLE, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

December 30, 1985.

Attorney(s) appearing for the Case

Weinberger, Weinstock, Sagner, Stevan & Harris, P.A., Neal S. Melnick, Cyd B. Wolf, Baltimore, Md., and James R. Moore, Knoxville, Tenn., for plaintiff.

Stites & Harbison, Octavia B. Wilkins, Robert W. Griffith, Roy Kimberly Snell, Louisville, Ky., and Hunton & Williams, John A. Lucas, Knoxville, Tenn., for defendant.

CLIVE W. BARE, Bankruptcy Judge.

Defendant has moved to dismiss as untimely the plaintiff trustee's complaint to avoid certain transfers.

At issue is whether Bankruptcy Rule 9006(a) applies in computing the two-year limitations period made applicable in 11 U.S.C.A. § 546(a) (West 1979) to the exercise of avoidance powers under the Bankruptcy Code.

I

Plaintiff trustee, James R. Martin, was appointed trustee of the debtor's estate on August...

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