Knupfer

Knupfer v. HSA Residential Mortgage Services of Texas, Inc. (In re Lau Capital Funding, Inc.)

Good Law
2005 Bankr. LEXIS 487·321 B.R. 287
United States Bankruptcy Court, Central District of CaliforniaFebruary 15, 2005Bankruptcy No. LA 99-37171 ES; Adversary No. 02-01413 ESCalifornia7,382 words

Opinion

Lead Opinion

Tighe, J.

MEMORANDUM DECISION ON (1) DEFENDANT HSA RESIDENTIAL MORTGAGE SERVICES OF TEXAS, INC.’S MOTION FOR SUMMARY JUDGMENT AND SUMMARY ADJUDICATION and (2) PLAINTIFF NANCY KNUPFER, CHAPTER 7 TRUSTEE OF THE ESTATE OF LAU CAPITAL FUNDING, INC.’S MOTION FOR PARTIAL SUMMARY ADJUDICATION

On July 20, 1999 Lau Capital Funding (“LCF”) filed a voluntary Chapter 11 petition. Thereafter, the Chapter 11 case was converted voluntarily by the Debtor to Chapter 7 on November 2, 1999. The Chapter 7 Trustee, Nancy Knupfer (“Trustee” or “plaintiff’), initiated an adversary action against HSA Residential Mortgage Services of Texas, Inc. (“HSA”, “RMST” or “defendant”) on March 12, 2002 based on the following claims: breach of contract, avoidance, turnover, fraud, conversion, goods sold and delivered, declaratory relief, waste, and special relief. Defendant HSA has filed a motion for summary judgment on all of the Trustee’s claims, in addition to moving for summary adjudication on the Trustee’s request for lost profits.

The Trustee opposes HSA’s motion and has filed a cross-motion for partial summary adjudication regarding the issues of breach of contract and conversion.

These motions came on for hearing…

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