Opinion
Case No. 08-46986-CEC, Adv. Pro. No. 09-1009-CEC.
February 3, 2010
Order Granting Summary Judgment on Plaintiff's Claim Seeking Turnover of Property Pursuant to 11 U.S.C. §§ 521(a)(4) and 542(a)
WHEREAS, on January 13, 2009, Alan Nisselson (the "Plaintiff"), as chapter 7 trustee of the estate of Christina Fasarakis, commenced this adversary proceeding against Christina Fasarakis (the "Defendant") seeking turnover by Defendant of her 2008 federal and state income tax refunds (the "Tax Refunds") pursuant to 11 U.S.C. §§ 521(a)(4) and 542(a) (the "First Claim"), and seeking denial of the Defendant's discharge under Bankruptcy Code § 727(a)(2)(B) (the "Second Claim"); and
WHEREAS, on February 17, 2009, the Defendant filed an answer to the complaint, and asserted counterclaims against the Plaintiff; and
WHEREAS, April 20, 2009, the Plaintiff filed a motion for summary judgment on the First Claim (the "Motion for Summary Judgment"); and
WHEREAS, on August 30, 2009, the Defendant filed an affirmation in opposition to the Motion for Summary Judgment;
NOW, THEREFORE, it is
ORDERED, that the Motion for Summary Judgment is granted for the reasons stated in this Court's decision dated February 3, 2010; and it is further
ORDERED, that a pre-trial conference will be held before the Honorable Carla E. Craig, at the United States Bankruptcy Court, Eastern District of New York, 271 Cadman Plaza East, Brooklyn, New York 11201, Courtroom 3529 on March 18, 2010, at 11:30 a.m. on the remaining claims in this adversary proceeding.