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Brown v. Brown (In re Brown) (Case No. 03-04808; A.P. No. 04-00004) 06/16/2005

The Plaintiff filed a motion for summary judgment regarding the dischargeability of debt arising from a Pennsylvania Court contempt order.  The plaintiff, as the moving party, has the burden to show that in light of the facts most favorable to the non-moving party, there is no genuine issue of material fact, and the movant is entitled to judgment as a matter of law.  Specifically, the Court found that the Pennsylvania Court order and record lacked sufficient facts to establish either that the issue of larceny was tried and determined, or that the Debtor's actions were malicious.  Accordingly, there existed a factual dispute regarding the issues and summary judgment is not appropriate.

Date: 
Thursday, June 16, 2005
Category: 
Burden of Proof
Dischargeability
Chapter: 
7