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IN RE BROOK MEADE HEALTH CARE CENTER, INC.

Bankruptcy No. 91-04724-KL3-11. Adv. No. 393-0380A.

165 B.R. 195 (1994)

In re BROOK MEADE HEALTH CARE CENTER, INC., Debtor. B. Gail REESE, in her capacity as Trustee and Liquidating Agent for Brook Meade Health Care Center, Inc., Plaintiff, v. FIRST TENNESSEE BANK, N.A., f/k/a Lebanon Bank, Dixie Taylor, Sammy Taylor, Fred Beene and Wilma Beene, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

March 16, 1994.

Attorney(s) appearing for the Case

John H. Rowland, Manier, Herod, Hollabaugh & Smith, Nashville, TN, for B. Gail Reese, Trustee.

Richard B. Gossett, Timothy G. Niarhos, Heiskell, Donelson, Bearman, Adams, Williams & Caldwell, Nashville, TN, for First Tennessee Bank Nat. Ass'n.

T. Larry Edmondson, Nashville, TN, for Dixie Taylor.

Stephen L. Edwards, Nashville, TN, for Fred Beene and Wilma Beene.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether a Chapter 11 trustee's two-year period within which to commence an avoidance action under 11 U.S.C. § 546(a)(1) is counted from the appointment of the trustee or from the (earlier) filing of the petition. The two years is counted from the appointment of the trustee. The following are findings of fact and conclusions of law. Fed.R.Bankr.P. 7052.

I

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