Laborers' Fringe Benefit Funds v. Kaltz (In Re Kaltz)

MEMORANDUM DECISION AND ORDER DENYING SUMMARY JUDGMENT MOTION

RAY REYNOLDS GRAVES, Bankruptcy Judge.

This adversary proceeding is before the court on defendant-debtor’s motion for summary judgment, brought under Bankruptcy Rule 7056, against Laborers’ Fringe Benefit Funds and Bricklayers’ Fringe Benefit Funds. After consideration of the pleadings and other papers filed in this adversary proceeding, copies of judgments attached to Debtor’s brief in support of the motion, and the applicable law, the court denies the motion.

This case presents the question whether a debtor may estop a creditor who…