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IN RE TENNESSEE WHEEL & RUBBER CO.

Bankruptcy No. 384-01237, Adv. Nos. 386-0038, 386-0063, 386-0061, 386-0105, 386-0106, 386-0108, 386-0113, 386-0117 to 386-0120, 386-0123, 386-0125 and 386-0126.

64 B.R. 721 (1986)

In re TENNESSEE WHEEL & RUBBER CO., Reorganized Debtor. TENNESSEE WHEEL & RUBBER CO., Plaintiff, v. CAPTRON CORPORATE AIR FLEET, American Express Travel Related Services Co., Inc., Knoll International, Inc., McQuiddy Office Designers, Inc., Quenton D. Frazier, Michigan National Bank and Michigan National Bank of Macomb, Shelly Abramowitz, Ind. & d/b/a Longrange Planning, Paul K. Aikman, Ind. & f/d/b/a Sams, Aikman and Co., Garrett Financial Services, Inc., Jerome Singer, Ind. and as Trustee of the Gary Singer Trust Steven N. Singer, Douglas A. Thal and Bruce Thal, Personal Representative of the Estate of Donald L. Thal, Konfara Company, John J. Patrico, Joseph Perfeli and Nicholas Ritz, each individually and d/b/a Oxbow Properties and/or Oxbow Investments, Michigan Employment Security Commission, Greg Forshee, David J. Forshee, Gary L. Mooneyham, Ind. & d/b/a Gary L. Mooneyham & Assoc., John Behan, Ind. & d/b/a Canine College, Rose Colman, in her capacity as independent personal representative of the Estate of Benjamin W. Colman, Star Chrysler Plymouth, Inc., Third National Bank in Nashville, Raymond C. Boes and Ray Boes & Associates, Inc., John H. Roe, Jr., and Emily Hunt Roe, AFCO Credit Corporation, Pentastar Aviation, Inc., Defendants.

United States Bankruptcy Court, M.D. Tennessee.

August 29, 1986.

Attorney(s) appearing for the Case

Russell H. Hippe, Jr., Trabue, Sturdivant & Dewitt, Nashville, Tenn., for Knoll Intern., Inc. and Rose Coleman, in her personal capacity as independent personal representative of the Estate of Benjamin W. Colman, and as Special Attorneys for all defendants for the Purpose of this Motion.

Randal Mashburn, Beth Roberts Derrick, Jennings, Derrick & Mashburn, Nashville, Tenn., for Tennessee Wheel & Rubber Co.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issue in these consolidated motions to dismiss is whether the post-confirmation debtor is the proper party to recover preferential transfers and fraudulent conveyances. I hold that the debtor can maintain these actions. The defendants' related assertions of lack of subject matter jurisdiction also fail.

This memorandum constitutes findings of fact and conclusions of law. Bankr.R. 7052. This is a core...

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