McCarthy v. Bierbower (In Re Crossroad Health Ministry, Inc.)

DECISION REGARDING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT

S. MARTIN TEEL, JR., Bankruptcy Judge.

The Chapter 7 trustee (“Trustee”) commenced this adversary proceeding by filing a Complaint to Determine Ownership of Property. This decision addresses the Trustee’s motion for summary judgment on the question of whether the Margaret Stewart Trust (“Stewart Trust”) (whose trustees the Trustee has sued as the defendants) is entitled to a return of its $60,000 grant to the debtor so long as any administrative expenses or allowable claims against the bankruptcy estate remain unpaid. The court will grant…