- 11 U.S.C.
Key Bank USA v. Lentz (In re Guess)
Sep
17
2010
Ruling
Creditor not entitled to balance of settlement proceeds of cause of action that was property of the estate.
Procedural posture
Plaintiff creditor filed a Complaint to establish the extent and validity of its right to certain settlement proceeds. The creditor asserted that it was entitled to all that remained of the settlement proceeds. Before the court was defendant Chapter 7 Trustee's motion for judgment on the pleadings, Fed. R. Bankr. P. 7012, in the alternative, for summary judgment, Fed. R. Bankr. P. 7056. The motion was treated as one for summary judgment.
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Court
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