Boughton v. Dowden (In Re Dowden)

ÉULING

LITTLE, Chief Judge.

For the following reasons, the motion for partial summary judgment filed by the plaintiff, H. A. Boughton, Trustee, is DENIED.

I. BACKGROUND

In this chapter 12 bankruptcy proceeding, H. A. Boughton (“Boughton” or “trustee”) serves as trustee over the estate of the debtors, William G. Dowden and Mary Elizabeth Keyser Dowden (collectively referred to as “Dowdens” or “debtors”). In this capacity, Boughton must collect the assets of the debtors, disburse funds in the appropriate man ner, and otherwise manage the affairs of the estate.

The facts in this case are largely…