Schilling v. Carlos Montalvo University Gardens II 2 (In Re Montalvo)

MEMORANDUM-OPINION

JOAN L. COOPER, Bankruptcy Judge.

This matter came before the Court for trial on February 28, 2005 on the Complaint of Plaintiff J. Baxter Schilling, Trustee (“Trustee”) in bankruptcy for Debtor Jaime Enrique Montalvo (“Debtor”) against Defendant Carlos Montalvo (“Defendant”). The Court considered the testimony elicited at trial and the submissions of the parties. For the reasons set forth below, the Court will enter Judgment for the Defendant. The following constitutes the Court’s Findings of Fact and Conclusions of Law pursuant to Fed.R.Civ.P. 7052.

FINDINGS OF FACT

Defendant…