Bankr. No.:
02-40692
Adv. No.:
04-4015
Chapter:
12
Date of Decision:
March 30, 2005
Issue:
Whether defendant-creditor was entitled to summary judgment on plaintiff-trustee’s turnover action where no material facts were in dispute and where defendant sought to bar plaintiff-trustee’s claim based on equitable estoppel?
Ruling:
The Court agreed with defendant-creditor that no material facts were in dispute but also concluded defendant was not entitled to summary judgment as a matter of law. The facts did not support a finding of equitable estoppel. Other formal proceedings in the adversary and in the main case would be required to resolve remaining issues.
Full Bankruptcy Court Decision:
