Harvis Trien & Beck, P.C. v. Federal Home Loan Mortgage Corp. (In re Blackwood Associates, L.P.)

DECISION AND ORDER DENYING SUMMARY JUDGMENT TO PLAINTIFF, AND GRANTING SUMMARY JUDGMENT TO DEFENDANT, FEDERAL HOME LOAN MORTGAGE CORPORATION

Robert John HALL, Bankruptcy Judge.

PRELIMINARY STATEMENT

This matter comes before the Court1 upon motion (“Motion”) by Hands Trien & Beck, P.C. (“HTB” or “Plaintiff’) for summary judgment on its first claim for relief against Federal Home Loan Mortgage Corporation (“FHLMC” or “Defendant”) pursuant to Federal Rule Bankruptcy Procedure 7056 and thereafter seeks a directive that FHLMC be directed to disgorge $535,556.00 of adequate protection payments it…