Transport Acceptance Corp. v. Fothergill (In re Key Truck Leasing, Inc.)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BENJAMIN E. FRANKLIN, Bankruptcy Judge.

Plaintiff, Transport Acceptance Corporation, filed its Complaint for Reclamation of Property on February 21, 1980, naming Robert A. Fothergill, the trustee for debtor, Key Truck Leasing, Inc., as defendant.

At the pretrial conference on April 16, 1980, the parties agreed to present the case on stipulated facts. The stipulation was filed and both parties have submitted briefs. Transport Acceptance Corporation was represented by F. Stannard Lentz, of the firm of Hamill, Lentz, Neill & Dwyer. Robert A. Fothergill, the…