Bank of America, N.A. v. Cd-04, Inc. (In re Owner Management Service, LLC Trustee Corps)

MEMORANDUM OF DECISION RE: MOTION FOR SUMMARY JUDGMENT

On January 9, 2012, debtor Owner Management Service, LLC; Trust Holding Service Co; Bill Pay Service and Boston Holding (collectively, the “Debtor”) filed a voluntary chapter 11 petition. This adversary proceeding (the “Substantive Consolidation Complaint”) is related to the Debt- or’s pending chapter 7 bankruptcy case and was commenced on December 18, 2013, by Bank of America N.A. (“Bank of America” or “Plaintiff’). A motion for preliminary injunction was filed on the *715 same day seeking to enjoin Defendants and their employees from selling, transferring, wasting, encumbering or otherwise disposing of their assets, Real Properties, or Non-Debtor Real Properties among themselves or with any third party without express approval of this Court. The motion also requested that Defendants be ordered to disclose and produce a schedule of non-Debtor real property, a full accounting of all revenues for the period of 2006 to the date of the motion, and a schedule of all accounts held in their name at financial institutions. Along with the motion, Plaintiff filed a request for judicial notice containing 148 exhibits. On February 12,…