Cadle Co. v. Zofko (In Re Zofko)

OPINION 1

WARREN W. BENTZ, Bankruptcy Judge.

Introduction

This matter is before the Court on remand from the United States District Court for further fact finding.

Following remand, we inquired of the parties as to whether the evidentiary record was sufficient or whether further evidence need be taken. Cadle requested an opportunity for a further evidentiary hearing which was held on October 25, 2007.

Additional Evidence

Counsel for Cadle called one additional witness, Gary V. Skiba (“Trustee”) who serves as the Chapter 7 Trustee in this bankruptcy case. The Trustee learned of the Zofko Family…