Olsen Properties v. Geneva Steel (In re Geneva Steel)
UNPUBLISHED
See 465.pdf
This adversary proceeding came before the court on motions by debtor/defendant to dismiss and by plaintiff for summary judgment. Debtor entered into a postpetition contract with defendant USM to demolish its steel mill site and salvage scrap metals, among other things. USM entered into an agreement with plaintiff to sell to it certain salvaged items. Debtor declared its contract with USM to be in default and refused access to the items that had been sold by USM to plaintiff. On the countering motions, the court found that plaintiff’s complaint stated its claims sufficiently to satisfy the standard needed to avoid dismissal. The court also found that fact issues regarding ownership precluded summary judgment. Both motions were therefore denied. This case was heard together with 465.pdf, a related case.