Legal Opinion
Commonwealth Petroleum Co. v. Fulton (In re Fulton)
District Court, W.D. Missouri
Decided July 23, 1993No. Bankruptcy No. 92-21063-C; Adv. No. 93-2012-CPublished
1Opinion of the Court
MEMORANDUM OPINION
FRANK W. KOGER, Chief Judge.
This case presents the issue of whether, a creditor may levy against property transferred in a bulk sale when the bulk sale has been conducted in violation of U.C.C. Article 6 but the proceeds of the sale have been paid to the bankruptcy trustee for the benefit of creditors.
FACTS
Debtors operated a propane gas business under the name of Twin Lakes Propane which was a retail seller of propane gas to individuals. Plaintiff Commonwealth Petroleum, Inc. supplied propane to Debtors during the period from November, 1991, to June, 1992, and as of November…
2Cases cited6 opinions
- In Re Cynthia K. McBee D/B/A Oak Hill Gun Shop, Debtor. National Bank of Texas v. West Texas Wholesale Supply Company v. Republicbank-Austin, Appellee-AppellantCourt of Appeals for the Fifth Circuit · 1983
- Starman v. John Wolfe, Inc.Missouri Court of Appeals · 1973
- Anderson & Clayton Co. v. EarnestCourt of Appeals of Texas · 1980
- Young v. Nadelson Displays, Inc. (In Re Lucasa International, Ltd.)United States Bankruptcy Court, S.D. New York · 1981
- Bill Voorhees Company, Inc. v. R & S Camper Sales of Birmingham, Inc. And R & S Camper Sales, Inc.Court of Appeals for the Fifth Circuit · 1979
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