Katz v. Olney Federal Savings & Loan Ass'n (In re David M. Hunt Construction Co.)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue presented to us is whether a complaint brought by the trustee of a bankrupt to recover money, which allegedly belongs to the bankrupt, from a corporation and its parent corporation should be dismissed for lack of summary jurisdiction and for failure to state a cause of action against the parent corporation. We conclude that an evidentiary hearing must be held in order to determine whether we have summary jurisdiction and we will allow the trustee plaintiff to amend his complaint, if he can, in order to allege sufficient facts to state a…