MEMORANDUM AND ORDER
ALAN H.W. SHIFF, Bankruptcy Judge.
This matter is before the court on the defendant's motion for summary judgment.
I.
On August 1, 1980, the debtor filed a voluntary petition under Chapter 11 of the Bankruptcy Code. On September 16, 1980, the bankruptcy case was converted to a case under Chapter 7 and on September 22, 1980, the plaintiff was appointed trustee of the debtor's estate. Thereafter, on January
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