Childress v. Aurora National Bank (In re Childress)

MEMORANDUM AND ORDER

ROBERT L. EISEN, Chief Judge.

This matter comes to be heard on the motion of Joyce A. Childress (“plaintiff”) *829for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, made applicable to the case herein by prior Bankruptcy Rule 756, on her adversary proceeding against Aurora National Bank (the “Bank”) for damages based on an alleged breach of duty by the Bank while acting as disbursing agent in this Chapter XII case. For the reasons set forth below, plaintiffs motion for summary judgment is denied and the Bank’s motion to dismiss the complaint is…