Cornell & Co. v. Seaway Painting, Inc. (In Re Cornell & Co.)

OPINION

DAVID A. SCHOLL, Chief Judge.

A. INTRODUCTION

Presently before us is the disposition of hopefully the last adversary proceeding (“the Proceeding”) arising out of the complex bankruptcy case of a contractor, CORNELL & COMPANY, INC. (“the Debtor”). In the Proceeding the Debtor seeks to eliminate a proof of claim filed by DELBERT L. SMITH COMPANY (“the Defendant”), the assignee of the painting subcontractor on a large project on which the Debtor was the general contractor, and to further recover damages for costs and delay of completion of the project from the Defendant.

We hold, consistent…