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IN RE COLOMBIAN COFFEE CO., INC.

Bankruptcy No. 83-00904-BKC-TCB, Adv. No. 86-0086-BKC-TCB-A.

59 B.R. 643 (1986)

In re COLOMBIAN COFFEE CO., INC., Debtor. Lawrence R. METSCH, as trustee for the estate of Colombian Coffee Co., Inc., Plaintiff, v. FIRST ALABAMA BANK OF MOBILE, N.A., f/k/a Merchants National Bank of Mobile, Defendant.

United States Bankruptcy Court, S.D. Florida.

March 28, 1986.

Attorney(s) appearing for the Case

Lydia A. Fernandez, Hauser and Metsch, P.A., Miami, Fla., for plaintiff.

Richard T. Dorman, M. Margaret O'Brien, Johnstone, Adams, Howard, Bailey & Gordon, Mobile, Ala., Jose Astigarraga, Darrey A. Davis, Steel, Hector & Davis, Miami, Fla., for defendant.

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

This chapter 11 trustee seeks $3,787,000 from a Mobile bank as a fraudulent transfer under 11 U.S.C. § 548(a) made to it as the "initial transferee" or an "immediate or mediate transferee" within the scope of § 550(a). It is conceded that the bank derived no benefit from the transfer and exhibited no bad faith. The bank has answered and the matter was tried on March 13. I conclude that the trustee...

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