John Hancock Life Insurance v. Jankowski (In re Hospitality Investment Corp.)

Opinion Regarding Motions for Summary Judgment

STEVEN W. RHODES, Chief Judge.

I

On March 6, 2000, the plaintiffs filed this adversary proceeding complaint to determine the validity of their asserted lien in funds held by the trustee, Kenneth Nathan. At the initial status conference on April 15, 2002, the Court requested that the parties stipulate to uncontested facts and file motions for summary judgment. The plaintiffs filed such a motion for partial summary judgment and the trustee’s response also requested partial summary judgment.

In 1993, the plaintiffs sold six motels to the debtor. The…