Lassman v. McGuire (In Re McGuire)

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matters before the Court are Cross Motions for Summary Judgment with respect to Count I of the Chapter 7 Trustee’s Complaint against Robert W. McGuire (the “Debtor”) and his sister, Margaret Ellen McGuire-Garcia (the “Defendant”), and the Defendant’s Motion for Dismissal of Proceeding.

II. PROCEDURAL BACKGROUND

On March 21, 1996, the Debtor filed a voluntary petition under Chapter 7. On December 20, 1996, the Chapter 7 Trustee filed a two-count Complaint against the Debtor and the Defendant seeking: 1) a determination that a codicil…