Solow v. First of America Bank-Golf Mill (In Re Papa's Market Cafe, Inc.)

MEMORANDUM OPINION

DAVID H. COAR, Bankruptcy Judge.

This matter comes before the Court on Defendant’s motion to strike and dismiss Plaintiffs complaint on the grounds that the Court lacks authority to grant the relief requested and that the claim is not timely under § 549(d) of the Bankruptcy Code. After reviewing the pleadings, the briefs submitted by the parties, and the applicable law, the Court now issues Findings of Fact and Conclusions of Law.

BACKGROUND

The Debtor, Papa’s Market & Cafe, Inc., d/b/a/ Papa’s Cafe & Bar [Papa’s Cafe], was owned and managed by Derrik Grove [Grove], John E.…