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Trustee Forrest C. Allred v. Tucker Don Pankowski and WesDak Welding and Diesel, LLC (In re Douglas John Kerkvliet)

Bankr. No.: 
16-50207
Adv. No.: 
23-5004
Chapter: 
7
Date of Decision: 
October 2, 2023
Issue: 
Whether the trustee-plaintiff was entitled to summary judgment on his complaint asserting the trustee-plaintiff is the rightful owner of an alleged obligation being paid by one of the defendants to the debtor?
Ruling: 
No, the Court denied the motion. The trustee-plaintiff failed to establish the payments in question were property of the bankruptcy estate under 11 U.S.C. ยง541 and merely alleged fraud and conversion without providing specific facts to support his claims.
Full Bankruptcy Court Decision: