Brandt v. FDIC (In re Equipment Acquisition Resources, Inc.)

MEMORANDUM OPINION

Donald R. Cassling, United States Bankruptcy Judge

This matter is before the Court on the motion of the Federal Deposit Insurance Corporation (the “FDIC”), as receiver for Charter National Bank and Trust (“Charter”), for summary judgment on the second amended complaint brought by William A. Brandt, Jr. (the “Plaintiff’) in his capacity as plan administrator for Equipment Acquisition Resources, Inc. (“EAR”).

EAR filed a Chapter 11 bankruptcy petition on October 23, 2009. A plan was confirmed on July 15, 2010. Under the terms of the plan, the Plaintiff was appointed plan…