Hollis v. Muller (In re T & M Enterprises, Inc.)

MEMORANDUM OPINION

RONALD BARLIANT, Bankruptcy Judge.

The Trustee of the T & M Enterprises, Inc., bankruptcy estate moved for summary judgment on the cross claim asserted by Raymond and Lillian Perham, the sellers of T & M. The Trustee contends that she has rightfully retained as property of the bankruptcy estate $73,500 paid under an installment note made and delivered by the buyers of T & M, and that the sellers are barred by the doctrines of waiver, estoppel, and laches from attempting to recover those funds.

The buyers, David P. Muller and Piotr L. Wisniewski, also moved for summary judgment…