Legal Opinion

Colchester State Bank v. Phillips (In Re Phillips)

United States Bankruptcy Court, C.D. Illinois

Decided April 30, 2007No. 14-81937PublishedCited by 6 opinions

1Opinion of the Court

OPINION

THOMAS L. PERKINS, Chief Bankruptcy Judge.

Before the Court is the motion for summary judgment filed by Kim E. Phillips and Mary M. Phillips, the Debtors (individually referred to as “KIM” and “MARY” and jointly referred to as “DEBTORS”), against Colchester State Bank (COL-CHESTER), on its Complaint seeking a determination that its debts are nondis-chargeable pursuant to Section 523(a)(2)(B) of the Bankruptcy Code. For the following reasons, the Court concludes that the motion may not be granted because there remain material facts in dispute.

Background

The DEBTORS were married in 1986.…

2Cases cited29 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Grogan v. GarnerSupreme Court of the United States · 1991
  4. In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
  5. In the Matter of Richard C. Scarlata, Debtor. Goldberg Securities, Inc. v. Richard C. Scarlata, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1993

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3Cited by6 opinions

  1. Webster Bank, National Ass'n v. Contos (In Re Contos)United States Bankruptcy Court, N.D. Illinois · 2009
  2. Peoples Trust & Savings Bank v. Hanselman (In Re Hanselman)United States Bankruptcy Court, S.D. Indiana · 2011
  3. Andringa v. AckerUnited States Bankruptcy Court, E.D. Wisconsin · 2021
  4. Farm Credit Services of America, PCA v. WoodrumUnited States Bankruptcy Court, C.D. Illinois · 2025
  5. Pliura v. BradyUnited States Bankruptcy Court, C.D. Illinois · 2020

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