Legal Opinion

Trilogy DevelopmentCo. v. BB Syndication Services, Inc. (In Re Trilogy Development Co.)

United States Bankruptcy Court, W.D. Missouri

Decided October 5, 2010No. 19-30136Published

1Opinion of the Court

MEMORANDUM OPINION

DENNIS R. DOW, Bankruptcy Judge.

This adversary proceeding comes before the Court on the Motion for Partial Summary Judgment (“Motion”) filed by plaintiff Trilogy Development Company, LLC (“Debtor” or “Trilogy”) against defendant J.E. Dunn (“Defendant” or “Dunn”). Trilogy seeks judgment as a matter of law that Dunn does not have a valid mechanic’s lien against property of the bankruptcy estate and that the claim of Dunn against the estate is unsecured. This is a core proceeding under 28 U.S.C. § 157(b)(2)(E) over which the Court has jurisdiction pursuant to 28 U.S.C. §§…

2Cases cited27 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  5. Commissioner v. Estate of BoschSupreme Court of the United States · 1967

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