In Re Fulton

43 B.R.273 (1984)

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Nature of the Case

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Facts

P and D operated a trucking business under the name of C & F Trucking. P agreed to provide the capital necessary to run the business while D agreed to drive the truck. P contributed a semi-truck, which the debtor drove for the business. The profits were to be divided between the parties. In July 1982, P's grandmother, Mattie Holcomb, wired him $9,000.00. He used $4,600.00 of these funds to purchase a used trailer from Fruehauf for C & F Trucking. The invoice for the trailer listed C & F Trucking as the purchaser of the trailer. The Arkansas certificate of title for the trailer was signed D and listed C & F Trucking as the owner. D filed a voluntary Chapter 7 bankruptcy petition. D's schedules listed the 42-foot trailer with a value of $4,000.00 as an asset of D, listed the full value of the trailer as exempt pursuant to 11 U.S.C. § 522(d) and listed Mattie Holcomb, as an unsecured creditor in the amount of $4,000.00.