Legal Opinion
Moore v. Phillips Ex Rel. D.J.P. Trust (In Re Phillips)
United States Bankruptcy Court, S.D. Georgia
Decided August 15, 2008No. 15-12066Published
1Opinion of the Court
MEMORANDUM AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT
LAMAR W. DAVIS, JR., Bankruptcy Judge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Debtor filed Chapter 7 on March 20, 2007. On January 9, 2008, the Chapter 7 Trustee filed an Adversary Proceeding seeking a declaratory judgment for the turnover of property held in the D.J.P., Trust that was established on January 1, 1996. The trustee of the D.J.P. Trust filed an answer to the complaint on February 12, 2008. The case is now ready for decision on Motions for Summary Judgment filed by both parties.
The Chapter 7 Trustee argues that Debtor is the…
2Cases cited11 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Patterson v. ShumateSupreme Court of the United States · 1992
- In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985
- Woodruff v. Trust Co. of Ga.Supreme Court of Georgia · 1974
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