Brandt v. Fleet Capital Corp. (In Re TMCI Electronics)

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

JAMES R. GRUBE, Bankruptcy Judge.

I. INTRODUCTION

Before the court are cross-motions for summary judgment in the above-captioned adversary proceeding, involving a dispute over debtor TMCI Electronics, Inc. (“debt- or”)’s tax refund for the 1998 business year. William A. Brandt, Jr. (“Trustee”), debtor’s Chapter 11 Trustee, and the Official Committee of Subordinated Debenture Holders (“Committee”), contend that the debtor’s bankruptcy estate is entitled as a matter of law to a tax refund pertaining to a 1998 consolidated tax return that the Trustee…