IN RE SEASONS PROPERTIES

Bankruptcy No. 91-10870, Adv. No. 91-1742.

141 B.R. 631 (1992)

In re SEASONS PROPERTIES, Debtor. UNSECURED CREDITORS' COMMITTEE OF SEASONS PROPERTIES, Plaintiff, v. MILLER & MARTIN, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

May 13, 1992.


Attorney(s) appearing for the Case

Gary R. Patrick, Cara J. Alday, Chattanooga, Tenn., for plaintiff.

Shelley D. Rucker, Nicholas W. Whittenburg, Chattanooga, Tenn., for defendant.


MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

In this action the plaintiff seeks to avoid and recover for the benefit of the estate an alleged preferential transfer made by a debtor partnership to the defendant, a partnership creditor, more than ninety days but within a year of the debtor's bankruptcy filing. The proceeding is before the court on cross motions for summary judgment.

There are two principal issues for decision at this time: (1) whether...

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