Moratzka v. Bill Simek Distributing, Inc. (In Re Brinker)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

JACOB DIM, Bankruptcy Judge.

The above entitled matter came on for hearing on April 2, 1981 before the Honorable Jacob Dim, Bankruptcy Judge, on the complaint of Timothy D. Moratzka as trustee for the above-named estate.

The defendant moved for judgment on the pleading, and in response the plaintiff has requested summary judgment. Both parties agree that the facts are not in dispute and that this is solely a question of law.

Based on the facts as stipulated, the arguments of counsel and all the papers and records herein, the Court makes the following: