Marquette Bank Coon Rapids v. Kirby (In Re Kirby)

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR SUMMARY JUDGMENT

NANCY C. DREHER, Bankruptcy Judge.

The above-entitled matter came on for hearing before the undersigned on motion by the Plaintiff, Marquette Bank, for summary judgment against the Defendants, Brian Charles Kirby and Barbara Ellen Kirby. Appearances were as noted on the record. After reading the papers and hearing the arguments of counsel, the Court, being duly advised in the premises, has determined to deny the Plaintiffs motion and to enter summary judgment in favor of the Defendants.

UNDISPUTED FACTS

1. On or about July 12,…