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Leach v. Wells (In re Wells) (Case No. 06-60319; A.P. No. 06-06116) 06/20/2007

The matters before the Court are counter-motions for summary judgment.  A motion for summary judgment shall be granted if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.  Fed. R. Civ. P. 56(c); Fed. R Bankr. P. 7056. 

The Court denied summary judgment as to the first cause of action, which was brought under 11 U.S.C. § 727 (denial of discharge) because there was a genuine issue of material fact as to whether the defendant owned the company, what the value of the company was at that time, and whether the defendant violated § 727(a)(2).

The Court granted the defendant's motion for summary judgment as to the second count, which was brought under 11 U.S.C. § 523 because § 523(a)(19) applies only to judgments entered pursuant to claims asserting violations of federal or state securities laws, which is not relevant to this case.

Date: 
Wednesday, June 20, 2007
Category: 
Discharge
Chapter: 
7