Williston Oil Corp. v. Sheriff of Monroe County (In re Williston Oil Corp.)

D. New Jersey

Williston Oil Corp. v. Sheriff of Monroe County (In re Williston Oil Corp.)

55 B.R. 296, 1985 Bankr. LEXIS 4900

CourtUnited States Bankruptcy Court, D. New Jersey

DecidedNovember 26, 1985

DocketNo. 84-0058

StatusPublished

This text of 55 B.R. 296 (Williston Oil Corp. v. Sheriff of Monroe County (In re Williston Oil Corp.)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Williston Oil Corp. v. Sheriff of Monroe County (In re Williston Oil Corp.), 55 B.R. 296, 1985 Bankr. LEXIS 4900 (N.J. 1985).

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Opinion

OPINION and ORDER

D. JOSEPH DeVITO, Bankruptcy Judge.

The defendant moves to amend the findings and order filed by the Court on February 15, 1985. The subject matter of the February 15th motion concerned questions relating to the appropriateness of the notice given the defendant prior to its purchase of certain property formerly owned by the debtor. Both the defendant and debtor moved for summary judgment. In the circumstances underlying that matter, the Court found that summary judgment was inappropriate, and the motions were denied. See Williston Oil Corp. v. Cavalier Oil Co., et al. (In re Williston Oil Corp.), No. 84-0058 (Bankr.D.N.J. Feb. 15, 1985).

In reviewing the instant motion, the Court finds no reason to amend the February 15th order. Conflicting assertions and contradictory statements as to both the facts and law have been made by the parties. Accordingly, summary judgment un[297]*297der Federal Rule of Civil Procedure 56 is unavailable to either side. The Court deems further proceedings necessary to fully adjudicate this matter.

For these reasons, the Court hereby orders the motion to reconsider be denied, and further directs the parties to proceed with their case.

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OPINION and ORDER

D. JOSEPH DeVITO, Bankruptcy Judge.

The defendant moves to amend the findings and order filed by the Court on February 15, 1985. The subject matter of the February 15th motion concerned questions relating to the appropriateness of the notice given the defendant prior to its purchase of certain property formerly owned by the debtor. Both the defendant and debtor moved for summary judgment. In the circumstances underlying that matter, the Court found that summary judgment was inappropriate, and the motions were denied. See Williston Oil Corp. v. Cavalier Oil Co., et al. (In re Williston Oil Corp.), No. 84-0058 (Bankr.D.N.J. Feb. 15, 1985).

In reviewing the instant motion, the Court finds no reason to amend the February 15th order. Conflicting assertions and contradictory statements as to both the facts and law have been made by the parties. Accordingly, summary judgment un[297]*297der Federal Rule of Civil Procedure 56 is unavailable to either side. The Court deems further proceedings necessary to fully adjudicate this matter.

For these reasons, the Court hereby orders the motion to reconsider be denied, and further directs the parties to proceed with their case.

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Bluebook (online)

55 B.R. 296, 1985 Bankr. LEXIS 4900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williston-oil-corp-v-sheriff-of-monroe-county-in-re-williston-oil-corp-njb-1985.