Ehrenberg v. WSCR, Inc. (In Re Hoover WSCR Associates Ltd.)

MEMORANDUM OF DECISION

JAMES N. BARR, Bankruptcy Judge.

The chapter 7 bankruptcy trustee (the “trustee”) filed a complaint against WSCR, Inc. (“WSCR”), a former general partner of the debtor, seeking to recover $256,167.54 under 11 U.S.C. § 723(a). 1 Both parties filed motions for summary judgment under Rule 7056. After several hearings, the motions were taken under submission. 2

I. FACTS

The facts in this case are undisputed. In October, 1985, Hoover Street Associates (“Hoover”), a California general partnership, leased certain office space in the Hoover Shopping Center to Chris and Ann…