are designed to secure the just, speedy and inexpensive determination of every action.” Celotex
Corp. v. Catrett, 477 U.S. 317, 327 (1986) (internal quotation and citation omitted). At the
summary judgment stage, the role of the court “is not to weigh evidence, but to determine whether
there is a genuine issue for trial.” Knauss v. Dwek, 289 F. Supp. 2d 546, 549 (D.N.J. 2003), citing
Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, (1986). In doing so, the court must construe
facts and inferences in a light most favorable to the non-moving party. See Am. Marine Rail NJ,
LLC v. City of Bayonne, 289 F. Supp. 2d 569, 578 (D.N.J. 2003), citing Matsushita Elec. Indus.
Co., Ltd. V. Zenith Radio Corp., 475 U.S. 574, (1986).
“The moving party bears the initial burden of demonstrating the absence of any genuine
issue of material fact . . .” Huang v. BP Amoco Corp., 271 F.3d 560, 564 (3d Cir. 2001), citing
Celotex Corp., 477 U.S. at 323. “Facts that could alter the outcome are ‘material,’ and disputes
are ‘genuine’ if evidence exists from which a rational person could conclude that the position of
the person with the burden of proof on the disputed issue is correct.” Horowitz v. Federal Kemper
Life Assurance Co., 57 F.3d 300, 302 n.1 (3d Cir. 1995), citations omitted. Once the moving party
establishes the absence of a genuine issue of material fact, the burden shifts to the non-moving
party to “do more than simply show that there is some metaphysical doubt as to the material facts.”
Matsushita Elec. Indus. Co., 475 U.S. at 586.
Trustee Powers
11 U.S.C. 544(a) is known as the “strong arm clause” of the Bankruptcy Code, providing
that:
(a) The trustee shall have, as of the commencement of the case, and
without regard to any knowledge of the trustee or of any creditor, the
rights and powers of, or may avoid any transfer of property of the
debtor or any obligation incurred by the debtor that is voidable by—
Case 20-01023-CMG Doc 26 Filed 08/17/20 Entered 08/18/20 08:21:39 Desc Main