MATTER OF BENTON TRUCKING SERVICE, INC.

Bankruptcy No. 81-02722-B, Adv. No. 80-0928.

21 B.R. 574 (1982)

In the Matter of BENTON TRUCKING SERVICE, INC., Debtor. PACCAR FINANCIAL CORPORATION, Plaintiff, v. BENTON TRUCKING SERVICE, INC., Monroe Bank & Trust Co., and Louis Eicholtz, Defendants.

United States Bankruptcy Court, E.D. Michigan, S.D.

July 6, 1982.


Attorney(s) appearing for the Case

Ronald L. Rose and Paul Owen Ashba, for Dykema, Gossett, Spencer, Goodnow & Trigg, Detroit, Mich., for plaintiff.

Richard Ford, for Fischer, Franklin, Ford, Simon & Hogg, Detroit, Mich., for Monroe Bank & Trust, defendants.


OPINION

GEORGE BRODY, Bankruptcy Judge.

This action involves the relative rights of competing secured creditors to the proceeds of sale of two tractors.

Benton Trucking Service, Inc. (debtor) was in the business of hauling freight. On or about August 16, 1979, the debtor purchased two Kenworth tractors from the Whiteford Sales and Service. The price of each tractor was in excess of $60,000. The debtor made a down payment of $10,000 on each tractor...

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