Fitzgibbons v. Thomason (In Re Thomason)

MEMORANDUM OPINION AND ORDER

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER came on for trial on November 19, 1996. At the close of Plaintiffs case in chief Defendant moved for dismissal of the complaint alleging that Plaintiff had failed to put forth a prima facie case. The Court took that motion under advisement and directed that the Defendant put her evidence on the record in order to avoid the possibility that all the parties, counsel, and witnesses might have to return at a later date should the motion be denied.

The Complaint herein is brought by the Trustee in bankruptcy in the case…