United States Bankruptcy Court, E.D. New York September 30, 2004, Bankruptcy Nos. 800-84686-478, 800-84687-478, 800-85007-478, 800-85195-478 to 801-85202-478; Adversary No. 802-8261-ess (Jacobs v. Matrix Capital Bank (In re AppOnline.com, Inc.))

MEMORANDUM DECISION GRANTING IN PART CHAPTER 11 TRUSTEE’S MOTION FOR SUMMARY JUDGMENT ON FIRST COUNT OF COMPLAINT AND DENYING MATRIX CAPITAL BANK’S MOTION FOR SUMMARY JUDGMENT

ELIZABETH S. STONG, Bankruptcy Judge.

This adversary proceeding was commenced by the filing of a complaint (the “Complaint”) by Alan M. Jacobs as Chapter 11 Trustee (the “Trustee”) of the estates of AppOnline.com, Inc.