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IN RE FULTON

Bankruptcy No. 92-21063-C, Adv. No. 93-2012-C.

157 B.R. 456 (1993)

In re Donald Allen FULTON & Carla Ann Fulton, Debtors. COMMONWEALTH PETROLEUM COMPANY, Plaintiff, v. Donald Allen FULTON & Carla Ann Fulton, Defendants.

United States Bankruptcy Court, W.D. Missouri, C.D.

July 23, 1993.

Attorney(s) appearing for the Case

Douglas M. Neeb, Nathalie C. Elliott, Smith, Gill, Fisher & Butts, Kansas City, MO, for Commonwealth Petroleum, Inc.

Jerry W. Venters, Venters, Pletz & Reed, P.C., Jefferson City, MO, for debtors/defendants.

Jack E. Brown, Columbia, MO, trustee.

Larry R. Marshall, Columbia, MO, for MFA Oil Co.

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...

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