Energrey Enterprises, Inc. v. Oak Creek Energy Systems, Inc. (In re Oak Creek Energy Farms, Ltd.)

MEMORANDUM OPINION

INTRODUCTION

ENERGREY ENTERPRISES, INC., Plaintiff, (hereinafter referred to as “EN-ERGREY”) initiated its original action in State Court. After OAK CREEK ENERGY SYSTEMS, INC. (hereinafter referred to as “SYSTEMS”) and OAK CREEK ENERGY FARMS, LTD. (hereinafter referred to as “FARMS”) filed their Petition for protection under Chapter 11 of the Bankruptcy Code, ENERGREY removed its State Court action to the Bankruptcy Court. Phillip A. Gasteier and Michael D. Warner appeared as attorneys for ENER-GREY ENTERPRISES, INC.; Leslie A. Cohen and David A. Neale appeared as attorneys for the Trustee, Gary H. Gold-stick. There was no appearance for DEAN BECKETT OR STEVE CUMMINGS, Defendants in this action. By agreement of counsel for ENERGREY and the Chapter 11 Trustee for SYSTEMS and FARMS, the first issue to be argued and decided by the Court involved only the after acquired property and the reacquired title doctrines as applied to this case. Arguments were made before the Court, commencing at 1:30 p.m. on March 29, 1989.

FINDINGS OF FACT

1. OAK CREEK ENERGY FARMS, LTD. is a limited partnership composed of OAK CREEK ENERGY SYSTEMS, INC. as a general partner and DEAN…