Green Tree Acceptance, Inc. v. Colver (In Re Colver)

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

LLOYD D. GEORGE, Bankruptcy Judge.

Before the Court for consideration is a Motion for Summary Judgment, by the Plaintiff, with respect to its objection to the Debtor’s Chapter 13 plan of arrangement and as to its COMPLAINT TO LIFT STAY. Inasmuch as the Court finds that there are still factual disputes which remain to be resolved in both of these matters, the said motion will be denied.

I. BACKGROUND

On September 12, 1980, the above-named Debtor filed his Original Petition and Plan Under Chapter 13, Title 11 of the United States Code. Proposed in the said…