Krohn v. Orta (In Re Cromer)

DECISION ON MOTION OF THE DEFENDANT FOR SUMMARY JUDGMENT SEEKING TO DISMISS THE TRUSTEE’S COMPLAINT

CONRAD B. DUBERSTEIN, Chief Judge.

This is an adversary proceeding in which the Plaintiff, Paul Krohn, Esq., as the Chapter 7 trustee (the “Trustee”) for the estate of Jesse Cromer, the debtor (“Cromer” or the “Debtor”), seeks to have the defendant, Gervasio Orta (the “Defendant” or “Orta”), turnover certain funds in his possession pursuant to 11 U.S.C. § 542. 1

This matter came before the Court on the Defendant’s motion for summary judgment seeking to dismiss the Trustee’s complaint pursuant to…