Schachter v. Tolassi (In Re 105 East Second Street Associates)

DECISION ON MOTIONS FOR SUMMARY JUDGMENT

JEFFRY H. GALLET, Bankruptcy Judge.

I. INTRODUCTION

Plaintiff, Alexander Schachter, the Chapter 7 Trustee (“Trustee”) of 105 East Second Street Associates (“Debtor”), moves 1 for summary judgment declaring that defendant Joanne Tolassi’s (“Tolassi”) pre-petition unsecured claim is not entitled to be set off against the Trustee’s post conversion claim for rent. The Trustee requests judgment in the amount of $35,151.00 for rental arrears and an order directing the turnover of that amount.

Tolassi moves for summary judgment declaring that her pre-petition…