Bakst v. Miller (In Re Miller)

MEMORANDUM ORDER DENYING TRUSTEE’S MOTION FOR SUMMARY JUDGMENT, AND GRANTING DEBTOR’S CROSS-MOTION FOR SUMMARY JUDGMENT

PAUL G. HYMAN, Chief Judge.

THIS MATTER came before the Court on September 28, 2010, upon Michael Bakst’s (the “Trustee”) Motion for Summary Judgment (the “Motion”), and Keith F. Miller’s (the “Debtor”) Response to Plaintiffs Motion for Summary Judgment and Defendant’s Cross-motion for Summary Judgment (the “Cross-Motion”). For the reasons set forth below, the Court herewith denies the Trustee’s Motion, and grants the Debtor’s Cross-Motion.

BACKGROUND 1

The Debtor is the…