IN RE LODGE AMERICA, INC.

Bankruptcy No. 95-21465-7. Adversary No. 96-6127.

239 B.R. 580 (1999)

In re LODGE AMERICA, INC., Debtor. Eric C. Rajala, Plaintiff, v. Rudy Langer, Defendant.

United States Bankruptcy Court, D. Kansas.

May 21, 1999.


Attorney(s) appearing for the Case

Eric C. Rajala, Overland Park, KS, plaintiff/trustee pro se.

R. Pete Smith, McDowell, Rice, Smith & Garr, Kansas City, MO, for defendant Rudy Langer.


MEMORANDUM OPINION1

JOHN T. FLANNAGAN, Bankruptcy Judge.

Without court authority, the debtor-in-possession borrowed to pay its utilities and repaid the loan with estate funds. Section 549(a)(2)(B) avoids a postpetition transfer of estate property not authorized by the court or "under title 11."2 The lender argues that the loan was in the ordinary course of debtor's business under § 364...

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