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IN RE TLB EQUIPMENT, LLC

Bankruptcy No. 08-53990. Adversary No. 08-2243.

479 B.R. 464 (2012)

In re TLB EQUIPMENT, LLC, Debtor. TLB Equipment, LLC, Plaintiff v. Quality Car & Truck Leasing, Inc., Defendant.

United States Bankruptcy Court, S.D. Ohio, Eastern Division at Columbus.

September 28, 2012.

Attorney(s) appearing for the Case

Gary Paul Price , Price Law Firm, LLC, Columbus, OH, for Plaintiff.

Gregory A. Stout , Reisenfeld and Associates, Cincinnati, OH, Thomas L. Canary , Lexington, KY, for Defendant.

MEMORANDUM OPINION

JOHN E. HOFFMAN, JR., Bankruptcy Judge.

I. Introduction

Quality Car and Truck Leasing, Inc. ("Quality") lawfully repossessed ten coal trucks and ten trailers ("Equipment") from TLB Equipment, LLC ("TLB"), and two weeks later TLB commenced a Chapter 11 bankruptcy case. Unaware of the commencement of the case, Quality sold the Equipment to Carl Kirk Trucking, Inc. ("Kirk Trucking"). Nearly two months later, TLB filed a motion...

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