Dzikowski v. Stoeppelwerth (In re Boca Arena, Inc.)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

STEVEN H. FRIEDMAN, Bankruptcy Judge.

This matter came before the Court on June 28, 1999, for trial on the Chapter 7 Trustee’s two-count complaint. In Count I of the complaint, the Trustee seeks turnover of stock owned by the Debtor that is in the possession of the Defendant, Richard Stoeppelwerth. In Count II, the Trustee seeks a determination of the validity of any security interest that Stoeppel-werth claims in the stock. For the reasons set forth below, the Court will enter judgment in favor of the Chapter 7 Trustee and against Stoeppelwerth as to…