Pogge v. Drennan Joint Venture (In re Smith)

OPINION

LARRY L. LESSEN, Bankruptcy Judge.

This proceeding is before the Court on the Trustee’s Motion for Summary Judgment on Counts XVII, XVIII, and XXVIII, the Defendant’s Response, the Trustee’s Motion to Strike Portions of Defendant’s Response, and the Motion for Leave to Withdraw Motion for Summary Judgment.

The central issue in this proceeding is whether there was a landlord/tenant relationship or a sharecropping relationship. At the time the Debtor filed his petition for relief pursuant to Chapter 7 of the Bankruptcy Code, the Debtor had provided labor for crops growing on land owned by…