Gittelman v. Glass (In re Cash & Carry Tool Supply Co.)

MARK B. McFEELEY, Bankruptcy Judge.

MEMORANDUM OPINION

This matter came before the Court on the complaint of the trustee to compel turnover of property. The trustee alleges that Orville’s Cash & Carry Tool Supply Co., Inc., a Texas corporation (Orville’s), was never properly incorporated under Texas law, and has never been a separate and distinct entity apart from Cash & Carry Tool Supply Co., Inc., a New Mexico corporation (debt- or), or that the Orville’s stock is held in constructive trust for the debtor and as such is an asset of the debtor. The trustee urges that the stock of Orville’s or…