Posillico v. Bratcher (In Re Bratcher)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JERRY A. FUNK, Bankruptcy Judge.

This proceeding is before the Court upon Plaintiffs Motion for Summary Judgment as to Counts I, II, and III of the adversary complaint (the “Motion”). Based upon the evidence presented in support of the Motion, the Court makes the following Findings of Fact and Conclusions of Law in accordance with Fed. R. Bankr. 7052.

FINDINGS OF FACT

In October 1998 Defendant solicited Plaintiffs participation and involvement in a business venture to manufacture and distribute Sun Tunnel skylights. In connection with forming the business…