Roemelmeyer v. Webb (In Re Lackow Bros.)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SIDNEY M. WEAVER, Bankruptcy Judge.

This cause came on for trial on the adversary complaint filed by the Trustees as Plaintiffs, and the Counterclaim of the Defendants as Counter-Plaintiffs, whereby the Trustees sought the recovery of a security deposit in the amount of $10,000 under 11 U.S.C. Sec. 541(a) and 542(a). The Defendants/Counter-Plaintiffs denied that the Plaintiffs had the right to recover. In addition to filing two Affirmative Defenses, the Defendants filed two Counterclaims. The First Counterclaim sought damages for the breach of a lease…