Eisenberg v. Capp Construction, Inc. (In re Klein)

OPINION

THOMAS M. TWARDOWSKI, Chief Judge.

Before the court is a complaint filed by the Trustee pursuant to 11 U.S.C. § 524(b) to recover monies allegedly owed to the estate by Capp Construction, Inc. (“Capp”). Our review of the pleadings, testimony, evidentiary exhibits and relevant case law mandates a judgment for the trustee in the amount of $43,273.00. Further, we find that Capp has not sustained its burden of proof as to the items which it has interchangeably and alternatively pleaded as affirmative defenses, setoffs and counterclaims; therefore, all of Capp’s claims are dismissed with…