Hugo Key & Son, Inc. v. Precast Structures, Inc. (In re Hugo Key & Son, Inc.)

DECISION AND ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on Hugo Key & Son, Inc.’s Complaint for Turnover of Property pursuant to 11 U.S.C. § 542, and on Precast Structures, Inc.’s Answer, as well as Precast’s Motion for Instructions. Upon consideration, and for the following reasons, it is ORDERED that Hugo Key’s complaint for turnover, is GRANTED.

The relevant facts, in summary, are as follows: Precast brought suit against Hugo Key pursuant to the Miller Act, 40 U.S.C. § 270a(a) and (d), after Key failed to pay for certain labor and materials. Thereafter, following negotiations, Key…