Cech v. Marker (In Re Marker)

MEMORANDUM OPINION

BERNARD MARKOYITZ, Bankruptcy Judge.

Debtor Clyde W. Marker (“debtor”) and Richard Marker each owned approximately 33.3% of the issued shares of the capital stock of George E. Marker & Sons, Inc. (“GEM”) prior to the death of George Marker. The remaining shares had been owned by George Marker. The chapter 7 trustee seeks a determination in the above-captioned adversary action that debtor owned fifty percent (50%) of the outstanding capital stock of GEM at the time of the filing of debtor’s bankruptcy petition.

The trustee opines that GEM purchased the shares owned by George…