Edisto Resources Corp. v. McConkey (In Re Edisto Resources Corp.)

MEMORANDUM OPINION AND ORDER

HELEN S. BALICK, Bankruptcy Judge.

This is the court’s decision on the motion in the above adversary proceeding by defendants Bruce W. McConkey, Benjamin Kirkham and Jennings Boyce to dismiss or for summary judgment. It is apparent to the court that matters other than the allegations of the adversary complaint will be considered, and therefore the court considers only the motion for summary judgment. The parties agree this is a core proceeding.

I. Legal Standard

On a motion for summary judgment, the record consists of the pleadings, admissions and affidavits of the…