Golden v. Guardian (In Re Lenox Healthcare, Inc.)

MEMORANDUM OPINION 1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court is the Motion of Charles M. Golden, chapter 11 trustee (the “Trustee”) seeking reconsideration of the Court’s Order granting partial summary judgment in favor of The Guardian Life Insurance Company of America (“Guardian”) with respect to Count I of the Amended Complaint in the above-captioned adversary proceeding. Guardian opposes the Motion. For the following reasons, the Court will deny the motion.

I. BACKGROUND

On July 10, 2001, Lenox Healthcare, Inc., and its affiliates (collectively, the “Debtors”) filed voluntary…