Smith v. O'Mara Enterprises, Inc. (In Re Smith)

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON COMPLAINT FOR DECLARATORY JUDGMENT

BARBARA J. SELLERS, Bankruptcy Judge.

I. JURISDICTION

This matter is before the Court following the plaintiff’s request for declaratory judgment and money damages. D. William Davis, successor-Trustee (“Trustee”) brought this adversary proceeding on behalf of the bankruptcy estate of W. Gail Smith (“Smith”). The Trustee seeks to recover money damages from the defendant O’Mara Enterprises, Inc. (“O’Mara”) for royalties due Smith under agreements executed by Smith and O’Mara. O’Mara answered the complaint and the matter…