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IN RE DENVER/ROBINS VENTURE PARTNERS, LTD.

Bankruptcy No. 91-52629. Adv. No. 93-5126.

166 B.R. 769 (1994)

In re DENVER/ROBINS VENTURE PARTNERS, LTD., Debtor. J. Coleman TIDWELL, Trustee/Plaintiff, v. BANK SOUTH, Houston County, N.A., CB & T Bank of Middle Georgia, N.A., The Citizens Bank, Wachovia Bank of Ga. N.A., Robert I. Bennett, Thomas H. Calhoun, Fred Godwin, Jr., George Kushinka, R. Wayne Lowe, F. Marshal Parker, Jr., Defendants.

United States Bankruptcy Court, M.D. Georgia, Macon Division.

May 3, 1994.

Attorney(s) appearing for the Case

William Flatau, Macon, GA, for debtor.

Thomas W. Talbot, Macon, GA, for trustee.

John T. McGoldrick, Jr., Macon, GA, for defendant Bank South.

Jerome L. Kaplan, Macon, GA, for defendant Robert I. Bennett.

James C. Marshall, Mercer Law School, Macon, GA, for defendant F. Marshall Parker, Jr.

T. Baron Gibson, II, Macon, GA, for defendants CB & T Bank of Middle Georgia, N.A., Citizens Bank and Wachovia Bank.

H. David Moore, Warner Robins, GA, for defendants Thomas H. Calhoun, Fred Godwin, Jr., George Kushinka and R. Wayne Lowe.

MEMORANDUM OPINION

JAMES D. WALKER, Jr., Bankruptcy Judge.

This matter comes before the Court on Motion To Strike filed by J. Coleman Tidwell, Chapter 7 trustee in this case. This is a core matter pursuant to 28 U.S.C. § 157(b)(2)(F). At issue in this matter is the construction of 11 U.S.C. § 546 and the application of its statute of limitation provisions to debtors in possession and trustees. Upon consideration of the legal memoranda and...

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