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IN RE TROIS ETOILES, INC.

BAP No. CC-86-2173-MeMoV.

78 B.R. 237 (1987)

In re TROIS ETOILES, INC., a California corporation, dba La Toque, Debtor. Jerome Edward TARVER, Appellant, v. TROIS ETOILES, INC., a California corporation, dba La Toque, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided September 11, 1987.

Attorney(s) appearing for the Case

Jerome E. Tarver, Tarver & Webb, Los Angeles, Cal., for appellant.

Caroline L. Canning, Buchalter, Nemer, Fields & Younger, Los Angeles, Cal., for appellee.

Before MEYERS, MOOREMAN and VOLINN, Bankruptcy Judges.

OPINION

MEYERS, Bankruptcy Judge:

I

This case presents the question of whether the Debtor's tender of a check to its attorney prior to bankruptcy, which is honored by the bank after bankruptcy, is a post-petition transfer avoidable under Section 549 of the Bankruptcy Code ("Code"). The Bankruptcy Court ruled that the check constituted a voidable post-petition transfer. We REVERSE the judgment of the Bankruptcy Court.

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