Consolidated Energy Corp. v. O'Brien (In Re Compass Development, Inc.)

OPINION

D. JOSEPH DeVITO, Bankruptcy Judge.

This adversary proceeding was brought on by the successor-in-interest of the debt- or, pursuant to Bankruptcy Rule 7001, et seq. Having previously ruled on other matters relating hereto, this Court now addresses the defendants’ cross-motion for summary judgment demanding that plaintiff’s complaint be dismissed with prejudice and costs.

The defendants are all heirs of the late Nancy O’Brien, former owner of certain real property located in West Virginia. On March 19, 1981, the defendants and the debtor entered into an agreement permitting the debtor to…