Westinghouse Credit Corp. v. Hall

ORDER AND MEMORANDUM

NANGLE, District Judge, sitting by designation.

Plaintiff Westinghouse Credit Corporation (“WCC”) filed this instant diversity action in an effort to enforce a personal guaranty agreement. Presently before the Court is WCC’s motion for summary judgment against defendants, alleging payment due as a matter of law. Defendants counter the motion with four arguments. First, defendants contend that the guaranty agreement entered between them and WCC was novated due to an action taken by plaintiff during bankruptcy proceedings. Alternatively, defendants accuse plaintiff of…