Menkel v. Sun Bank & Trust Co. (In re Freedom Rental & Leasing, Inc.)

ORDER ON MOTION FOR SUMMARY JUDGMENT

THOMAS E. BAYNES, Jr., Bankruptcy Judge.

THIS CAUSE came on for consideration upon a two-count Complaint filed by the Trustee in the above-styled adversary proceeding. Count I of the Complaint seeks recovery of a prepetition setoff pursuant to Section 553(b)(1) of the Bankruptcy Code. Count II seeks invalidation of a lien pursuant to Section 544 of the Bankruptcy Code. Motions for summary judgment were filed by both parties subsequent to the pre-trial hearing. The Court considered the motions along with the record, found a genuine issue of material fact…