Elm Road Development Co. v. Buckeye Retirement Co. (In Re Hake)

OPINION

THOMAS H. FULTON, Chief Bankruptcy Appellate Panel Judge.

This is an appeal of the bankruptcy court’s granting of summary judgment in favor of Defendants Buckeye Retirement Co., LLC, Ltd. (“Buckeye”) and Mark Gleason, Chapter 7 Trustee (the “Chapter 7 Trustee”) in the adversary proceeding brought by Plaintiffs Elm Road Development Co. (“Elm Road”), Tuller Brookfield Associates, Inc. (“Tuller”), Woodland Park Retirement Housing Limited Partnership (“Woodland Park”), Daniel Daniluk (“Dani-luk”) and Cl Residential Property Corp. seeking a declaratory judgment that certain property was…