Nickless v. McGrail (In Re Dooley)

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before this Court is the “Motion of David M. Nickless, Trustee, for Partial Summary Judgment” (the “Summary Judgment Motion”) filed by the plaintiff David M. Nickless as the Chapter 7 trustee of Earl F. Dooley (respectively, “Trustee Nickless”; the “Debtor”). The three primary issues before this Court for summary judgment determination are: (1) whether, on the date of case commencement, the Debtor’s third-party workers’ compensation claim was property of the estate under 11 U.S.C. § 541(a); (2) whether the postpetition unauthorized…