Moore v. Emery (In Re American Steel Product, Inc.)

ORDER

JOHN S. DALIS, Chief Judge.

Anne R. Moore (“Trustee”), the Chapter 11 Trustee for American Steel Product, Inc. (“American Steel”) filed this four count adversary proceeding against John C. Emery, Jr.; Count I to determine Mr. Emery’s interest in equipment ostensibly leased to American Steel, Count II to avoid Mr. Emery’s security interest in the equipment, Count III for an alleged fraudulent transfer, Count IV for breach of contract, and Count V for an injunction preventing Mr. Emery from removing any of the equipment from American Steel’s possession. At trial, Mr. Emery moved to dismiss…