LDS Express, Inc. v. Brown (In Re Kingway Logistics, Inc.)

MEMORANDUM OPINION

D. MICHAEL LYNN, Bankruptcy Judge.

Before the court is Plaintiffs Motion for Summary Judgment (the “Motion”) filed by LDS Express, Inc. (“LDS,” sometimes also referred to herein as Plaintiff) by which Plaintiff seeks judgment respecting (1) its Original Complaint filed against Shawn Brown (the “Trustee” or Defendant) in his capacity as chapter 7 trustee for Kingway Logistics, Inc. (“Logistics” or “Debtor”); and (2) LDS’s motion for relief from stay (the “Stay Motion”) filed by LDS on September 8, 2004. By agreement of the parties, the Stay Motion was consolidated with this…