Venn v. Roberts Supply, Inc. (In Re Nowling)

ORDER

VINSON, District Judge.

Pending is the appeal of John E. Venn, Jr., as bankruptcy trustee, from the bankruptcy judge’s ruling on the parties’ cross motions for summary judgment. The bankruptcy judge granted summary judgment for Roberts Supply Co., Inc. (“Roberts”), defendant below, and denied the trustee’s motion. For the reasons stated below, I REVERSE and REMAND for further proceedings.

The debtors, Billy and Brenda Nowling, operated a lawnmower shop prior to filing for bankruptcy under Chapter 7 of the Bankruptcy Code in August 1987. The Nowlings did business as “B & B Equipment.” All…