IN RE KROH BROS. DEVELOPMENT CO.

Bankruptcy Nos. 87-00640-1-11, 87-00644-1-11, 87-00646-1-11 and 87-00653-1-11, Adv. No. 87-0181-1.

86 B.R. 186 (1988)

In re KROH BROTHERS DEVELOPMENT COMPANY, 9221 Associates, Beaumont Business Center Associates, Longwood Associates, Debtors. KROH BROTHERS DEVELOPMENT CO., et al., Plaintiffs, v. COMMERCE BANK OF KANSAS CITY, N.A., Defendant.

United States Bankruptcy Court, W.D. Missouri.

May 3, 1988.


Attorney(s) appearing for the Case

Cory Lipoff, Nachman, Munitz, Sweig, Ltd., Chicago, Ill., Thomas M. Franklin, Polsinelli, White, Vardeman, Kansas City, Mo., for plaintiffs.

Edward E. Schmitt, Dietrich, Davis, Dicus, Kansas City, Mo., for Creditor's Committee.

Benjamin F. Mann, Blackwell, Sanders, Matheny, Kansas City, Mo., for defendant.


MEMORANDUM AND ORDER AVOIDING TRANSFERS AS PREFERENTIAL AND DENYING MOTION OF COMMERCE BANK TO LIFT AUTOMATIC STAY

KAREN M. SEE, Bankruptcy Judge.

Two issues are before the Court: 1) whether granting Commerce Bank four mortgages and deeds of trust, and pledging as security to Commerce two certificates of deposit, constituted fraudulent or preferential transfers; and 2) whether Commerce should be allowed to setoff the amount of a

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