Pettibone Corp. v. Ramirez (In Re Pettibone Corp.)

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

JACK B. SCHMETTERER, Bankruptcy Judge.

The Plaintiff Debtor Pettibone Corporation (“Pettibone”) manufactured and sold certain equipment before filing its related petition for relief 'under Chapter 11. Defendant Edwin R. Ramirez (“Ramirez”) was injured in an accident involving that equipment after the bankruptcy proceeding was filed. He sued in the District Court of New Mexico to recover damages (“Civil Action”).

Count I of Pettibone’s Amended Complaint in this…