Speth v. Bank of America (In re Gannon)

OPINION GRANTING DEFENDANT’S SUMMARY JUDGMENT MOTION

DALE L. SOMERS, Bankruptcy Judge.

This proceeding is before the Court on a motion for summary judgment filed by Defendant Bank of America (Bank). The Bank appears by counsel Richard M. Be-heler of South & Associates, P.C. Plaintiff-Trustee Steven L. Speth appears by counsel Timothy J. King of Speth & King. The Court has reviewed the relevant pleadings and is now ready to rule.

Facts

The Trustee has conceded the truth of many relevant facts asserted in the Bank’s motion, and the Court has supplemented those assertions with relevant facts drawn…