McDaniel v. Waits (In Re National Buy-Rite, Inc.)

ORDER

HUGH ROBINSON, Bankruptcy Judge.

This matter came before the Court on motion for summary judgment filed by plaintiff William G. McDaniel. Having reviewed the motion and brief submitted by the plaintiff and the pertinent parts of the case file the Court makes the following decision.

FINDINGS OF FACT

1. National Buy Rite, Inc., (hereinafter referred to as “Debtor”) filed a voluntary petition under chapter 7 of the Bankruptcy Code on January 31, 1980. William G. McDaniel, (hereinafter referred to as “Trustee”), was appointed trustee.

2. On March 3,1980 Trustee filed a complaint against the…