Bankr. No.:
03-41073
Adv. No.:
04-4074
Chapter:
7
Date of Decision:
April 28, 2005
Issue:
Whether defendant-creditor was entitled to summary judgment regarding the case trustee’s complaint to determine the priority to some sale proceeds?
Ruling:
Summary judgment was denied. Based on the present record, the key issue presented -- whether another defendant-creditor’s lien had ever been perfected -- had not been clearly raised and briefed by the parties.
Full Bankruptcy Court Decision: