Shapiro v. Jacob's Electrical Construction, Inc. (In Re Eastern Concrete Paving Co.)

OPINION ON (I) TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT; (II) INTERVENING PLAINTIFF’S MOTION TO FIND FUNDS ARE NOT PROPERTY OF THE ESTATE; AND (III) DEFENDANT’S REQUEST THAT THE COURT FIND THE PAYMENTS ARE NOT VOIDABLE

PHILLIP J. SHEFFERLY, Bankruptcy Judge.

I — Introduction

This matter comes before the Court upon cross-motions for partial summary judgment regarding whether certain funds are property of this bankruptcy estate under § 541 of the Bankruptcy Code.

In 1998, Eastern Concrete Paving Co. (“Debtor”) contracted with the Township of Canton (“Canton”) to repair certain roads. Hartford…