West Virginia, Department of Finance & Administration v. Hassett (In Re O.P.M. Leasing Services, Inc.)

DECISION ON LASALLE NATIONAL BANK’S MOTION FOR SUMMARY JUDGMENT AND FOR JUDGMENT ON LA SALLE’S COUNTERCLAIM

BURTON R. LIFLAND, Bankruptcy Judge.

This matter is before the Court on the Motion of LaSalle National Bank (“La-Salle”) for Summary Judgment pursuant to Bankruptcy Rule 756 1 and Rule 56 of the Federal Rules of Civil Procedure to dismiss the claim of the State of West Virginia, Department of Finance and Administration (“West Virginia”), and to recover judgment as to liability on LaSalle’s counterclaim for accelerated rents.

I. STATEMENT OF FACTS

The instant adversary proceeding within this…