Nos. 89-6416, 89-6417.

930 F.2d 458 (1991)

In re CHATTANOOGA WHOLESALE ANTIQUES, INC., Debtor. C. Kenneth STILL, Trustee, Plaintiff-Appellant/Cross-Appellee, v. ROSSVILLE BANK, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 10, 1991.

Attorney(s) appearing for the Case

Fred T. Hanzelik, James A. Fields (argued), Hanzelik & Associates, Chattanooga, Tenn., for defendant-appellee/cross-appellant.

Harold L. North, Jr. (argued), Shumacker & Thompson, Chattanooga, Tenn., for plaintiff-appellant/cross-appellee.

Before MARTIN and KRUPANSKY, Circuit Judges, and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

The appeal and cross-appeal in this bankruptcy case involve a Chapter 7 trustee's right to recover allegedly preferential and unauthorized payments made by the debtor in possession under Chapter 11 prior to conversion of the case to a Chapter 7 proceeding.

Chattanooga Wholesale Antiques, Inc. (the debtor) filed bankruptcy under Chapter 11. Within ninety days prior to filing the petition...

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