Goldstein v. Wilmington Savings Fund Society, FSB (In re Universal Marketing, Inc.)

OPINION

ERIC L. FRANK, CHIEF U.S. BANKRUPTCY JUDGE

I. INTRODUCTION

II. FACTS

A.General Structure of the Universal Network

B. The Formation of the UDI-WSFS Relationship

C. The Lending Relationship

1. the Business Loan Agreement

2. the Note

3. the Guaranty

D. The Banking Relationship (Cash Management Services Agreement)

E. The Demise of the UDI-WSFS Relationship

1. WSFS’ suspicions arise

2. WSFS’ discovery of and response to the “Red Notice”

3. effect of the PND

III. PROCEDURAL HISTORY

A. Main Case

B. Adversary Proceeding

IV. SUMMARY JUDGMENT STANDARD

V. WSFS IS ENTITLED TO SUMMARY JUDGMENT ON THE TRUSTEE’S…