In re Fulton

43 B.R. 273 (1984)

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In re Fulton

United States Bankruptcy Court for the Middle District of Tennessee
43 B.R. 273 (1984)

SC
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Facts

Padgett Carroll (plaintiff) and Walter Fulton (debtor) were partners in a trucking company called C & F Trucking. In July 1982, Carroll bought a trailer for C & F. The invoice listed C & F as the purchaser, and the trailer’s certificate of title listed C & F as the owner. In December 1982, Fulton petitioned for Chapter 7 bankruptcy and listed the trailer as an asset. Carroll claimed that the trailer was not part of Fulton’s bankruptcy estate because Carroll supplied the funds to purchase the trailer and was therefore the rightful owner of the property.

Rule of Law

Issue

Holding and Reasoning (Paine, J.)

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