Funding Systems Asset Management Corp. v. Key Capital Corp. (In Re Funding Systems Asset Management Corp.)

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Before the Court is Debtor’s Complaint For Recovery Of Property Of The Estate pursuant to 11 U.S.C. § 549(a), and Defendant’s Counterclaim thereto. The Debtor seeks Court approval for the return of lease payments made to the Defendant, pursuant to § 549(a) of the Bankruptcy Code, from the date of the bankruptcy filing. Defendant seeks Court authorization to retain said payments, and further requests a finding that the Debtor remains liable for the outstanding balance due under said lease.

A hearing was held on the aforementioned issues, at…