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IN RE WILSON

Bankruptcy No. 3-83-00848, Adv. No. 3-85-1019.

52 B.R. 639 (1985)

In re Earl D. WILSON a/k/a Earl Wilson, Wilson Properties, Ltd., Debtor. William L. DAVIS, Successor Trustee, Plaintiff, v. VALLEY FEDERAL SAVINGS AND LOAN, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

September 19, 1985.

Attorney(s) appearing for the Case

Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, William S. Lockett, Jr., Knoxville, Tenn., for plaintiff.

Weller, Miller, Carrier, Miller & Hickie, Samuel B. Miller, II, Johnson City, Tenn., for defendant.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue is whether a payment made between the filing of an involuntary petition and the entry of an order for relief against a prepetition note is avoidable. The trustee contends the payment is clearly a postpetition payment avoidable under 11 U.S.C.A. § 549 (1979). Defendant asserts that the payment is not avoidable because it was applied against a secured note.

I

On February 11, 1983,...

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