Whitaker v. J R Produce Corp. (In Re Gulf Northern Transport, Inc.)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JERRY A. FUNK, Bankruptcy Judge.

This adversary proceeding came before the Court upon the Complaint filed by Plaintiff, Lloyd T. Whitaker, as Chapter 7 Trustee, on behalf of the bankruptcy estate of UST Logistics, Inc., d/b/a Checkmate Truck Brokerage, Inc. (“Checkmate”), seeking to collect on an alleged outstanding debt owed to Checkmate by Defendant, J.R. Produce Corp. (“J. R. Produce”). The trial of this adversary proceeding was held on October 6, 2005. In lieu of oral argument, the Court directed the parties to submit memoranda in support of their…