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IN RE WILSON

Bankruptcy No. 3-83-00848, Adv. No. 3-85-1020.

56 B.R. 74 (1985)

In re Earl D. WILSON a/k/a Earl Wilson, Wilson Properties, Ltd., Debtor. William L. DAVIS, Successor Trustee, Plaintiff, v. AMERICAN EXPRESS COMPANY, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

December 10, 1985.

Attorney(s) appearing for the Case

Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, William S. Lockett, Jr., Knoxville, Tenn., for plaintiff.

Stone & Hinds, P.C., George F. Legg, Knoxville, Tenn., for defendant.

CLIVE W. BARE, Bankruptcy Judge.

MEMORANDUM

At issue is whether the plaintiff trustee's action to avoid a postpetition transfer is barred by the two-year statute of limitations set forth in 11 U.S.C.A. § 549(d) (West 1979). The answer depends on whether the determinative transfer occurred when the check was issued or when the check was honored by the bank.

I

An involuntary chapter 7 petition was filed against the debtor on May 26,...

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