D & K Broadcast Properties, Ltd. v. Still (In Re Jackson Television, Ltd.)

MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This adversary proceeding is before the court upon cross-motions for partial summary judgment filed by the plaintiff and defendant. The question to be determined at this stage of the proceeding is whether the trustee is liable to the plaintiff for damages for missing and defective equipment sold by the trustee to the plaintiff pursuant to a confirmed chapter 11 plan. Having considered the parties’ briefs and stipulations of fact, the court now enters its findings of fact and conclusions of law pursuant to Bankr.Rule 7052.

This is a core proceeding. 28…