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Jones Oil Company, Inc. v. Intercity Oil Co., Inc. and Trustee Edward Zappen (In re Intercity Oil Co., Inc), Adv. No. 89-0073, Case No. 88-02497-7 (10/01/1990) (122 B.R. 358) -- Judge Thomas Utschig

Case Summary:
Plaintiff oil company's adversary proceeding filed to compel trustee to avoid lien of IRS on debtor's vehicles, inventories and accounts receivables in order to fund plaintiff's administrative claim under 11 U.S.C. § 546(c) is dismissed.  Plaintiff sold gasoline and fuel oil to debtor and sought reclamation pursuant to § 546(c) and Wis. Stat. § 402.702(2).  Plaintiff did not have a right of reclamation under Wisconsin law; its petroleum products were sold by debtor to good-faith purchaser before plaintiff made its demand for reclamation.

Statue/Rule References:
11 U.S.C. § 546(c) -- Right of Reclamation
Wis. Stat. § 406.702(2) -- Right of Reclamation

Key Terms:
Reclamation – Right Of

File: 
PDF icon (1990) Jones Oil Company, Inc.-27.pdf
Judge: 
Judge Thomas S. Utschig
Date: 
Monday, October 1, 1990