Rust of Kentucky, Inc. v. TMS Contracting, LLC (In Re Rust of Kentucky, Inc.)

MEMORANDUM-OPINION

JOAN A. LLOYD, Bankruptcy Judge.

This matter came before the Court for trial on the Complaint of Debtor/Plaintiff Rust of Kentucky, Inc. (“Rust”), against Defendants TMS Contracting, LLC (“TMS”) and Fidelity and Deposit Company of Maryland (“F & D”). The Court considered the trial testimony of the witnesses, the documentary evidence submitted, the arguments of counsel and its own research. For the reasons stated herein, the Court will enter the attached Judgment in favor of Rust and against TMS and F & D. The following constitutes the Court’s Findings of Fact and Conclusions…