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IN RE MILLS

Bankruptcy No. 92-41070-7. Adv. No. 93-7176. No. 94-4084-SAC.

176 B.R. 924 (1994)

In re Everett MILLS, Debtor. Joseph I. WITTMAN, Trustee, Plaintiff, v. STATE FARM LIFE INSURANCE COMPANY, INC., Defendant, and Everett Mills, Intervenor.

United States District Court, D. Kansas.

November 15, 1994.

Attorney(s) appearing for the Case

William E. Metcalf, Metcalf & Justus, Topeka, KS, for Everett Mills.

Wayne A. Robinson, State Farm Ins. Companies, Law Dept., Bloomington, IL, Cynthia J. Sheppeard, Heck, Hendrix, Wright & Sheppeard, Topeka, KS, for State Farm Life Ins. Co. Inc.

Joseph I. Wittman, Trustee, Topeka, KS, pro se.

MEMORANDUM AND ORDER

CROW, District Judge.

This bankruptcy appeal presents the following issue: Is there an unauthorized postpetition transfer under 11 U.S.C. § 549 when the debtor issues the check before filing for bankruptcy but the check is not honored by the drawee bank until after the filing? The trustee here commenced an adversary action to avoid the debtor's transfer of $2,500 by check to State Farm Life Insurance Company, Inc. ("State Farm"...

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