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IN RE MONTGOMERY

No. 3:91-0173.

136 B.R. 727 (1992)

In re N. Eddie MONTGOMERY and Southland Escrow Services, Inc., Consolidated Debtors. John C. McLEMORE, Plaintiff-Appellee, v. THIRD NATIONAL BANK IN NASHVILLE, Defendant-Appellant.

United States District Court, M.D. Tennessee, Nashville Division.

February 13, 1992.

Attorney(s) appearing for the Case

Bradley Alan MacLean, Katherine Martin Allen, Farris, Warfield & Kanaday, Nashville, Tenn., for Third Nat. Bank.

Robert Martin Garfinkle, Edwin M. Walker, McMackin, Garfinkle, McLemore & Walker, Nashville, Tenn., for John C. McLemore, Trustee.

MEMORANDUM

WISEMAN, District Judge.

This bankruptcy appeal raises the issue of whether a Bankruptcy Court properly held that a trustee in bankruptcy may recover preferential transfers from a bank that extracted itself from the debtor's illegal check kiting scheme. The Bankruptcy Court for the Middle District of Tennessee held on February 8, 1991 that the debtor's checking transactions resulted in avoidable preferences and ordered the trustee to recover ...

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