Rosbottom v. Schiff et al
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|Date Filed||#||Document Text|
|September 1, 2016
ORDER denying 20 Motion for Rehearing Pursuant to Federal Rule of Bankruptcy Procedure 8022 re 19 Memorandum Ruling. Signed by Judge Elizabeth E Foote on 9/1/2016. (crt,Keifer, K)
|June 28, 2016
MEMORANDUM RULING: Before the Court is an appeal of two rulings in a bankruptcy adversary proceeding by the debtor and defendant below, Harold Rosbottom Jr re 1 Bankruptcy Appeal. The plaintiffs in the adversary proceeding, Gerald Schiff and Lesl ie Fox, sought a declaration that a condominium held in trust is part of Rosbottom's bankruptcy estate because the trust was not validly formed and therefore never existed. The bankruptcy court granted the plaintiffs' motion for summary jud gment and denied Rosbottom's 12(b)(7) motion to dismiss. For the foregoing reasons, the Court REVERSES the bankruptcy court's grant of summary judgment, AFFIRMS its denial of 12(b)(7) dismissal, and REMANDS the case for further proceedings consistent with this opinion. Signed by Judge Elizabeth E Foote on 6/28/2016. (crt,Putch, A)
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