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IN RE BY-RITE DISTRIBUTING, INC.

No. 87-C-0477S.

89 B.R. 906 (1988)

In re BY-RITE DISTRIBUTING, INC., a Utah corporation. Robert H. CLENDENEN, Trustee, Plaintiff/Appellee, v. VAN DYK OIL COMPANY, INC., a California corporation, Defendant/Appellant.

United States District Court, D. of Utah, C.D.

July 27, 1988.

Attorney(s) appearing for the Case

Vernon L. Hopkinson, Kevin R. Anderson, Watkiss & Campbell, Salt Lake City, Utah, for plaintiff/appellee.

Edward J. McDonough, Berman & O'Rorke, Salt Lake City, Utah, for defendant/appellant.

BANKRUPTCY DECISION

SAM, District Judge.

Appellant Van Dyk Oil Company, Inc. (Van Dyk) seeks reversal of the bankruptcy court's decision to void payment to Van Dyk of two checks delivered by the debtor By-Rite Distributing, Inc. (By-Rite) prior to filing bankruptcy but paid thereafter by debtor's bank. 11 U.S.C. § 549 allows the bankruptcy trustee in certain situations to avoid transfers of estate property made after commencement of the case.

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