Pryor v. Basvis Realty Corp. (In Re Madden)

DECISION AND ORDER ON MOTION AND CROSS-MOTION FOR SUMMARY JUDGMENT

ROBERT JOHN HALL, Bankruptcy Judge.

PRELIMINARY STATEMENT

Before the Court 1 is the Trustee’s motion (“Motion”) for summary judgment, granting the relief requested in his Adversary Proceeding. One defendant, Marguerite Carney (“Carney”), opposed the Motion by filing a cross-motion for summary judgment. Both motions were made pursuant to Federal Rule of Civil Procedure 56. The central issue focuses upon who, as between the Trustee and Carney, holds the superior interest in Debtor’s share in a partnership.

RELEVANT FACTS

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