Pasteurized Eggs Corp. v. Bon Dente Joint Venture (In Re Pasteurized Eggs Corp.)

MEMORANDUM OPINION

J. MICHAEL DEASY, Bankruptcy Judge.

I. INTRODUCTION

The Debtor filed a complaint (Doc. No. 1) against Bon Dente Joint Venture (“BDJV”) seeking six declaratory judgments listed in three counts. Counts I and II seek a determination (i) that the patents and trademarks comprising Thermal-Pure™ Technology (the “Technology”), as defined in the Patent Purchase Agreement dated January 2, 1997 (the “Patent Purchase Agreement”) are property of the bankruptcy estate under section 541 of the Bankruptcy Code; 1 (ii) of the validity, priority and extent of BDJVs secured claim, if any; (iii)…