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