Francis v. National Revenue Service, Inc. (In Re Francis)

ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

LAUREL M. ISICOFF, Bankruptcy Judge.

This matter came before the Court upon the Motion for Summary Judgment (DE #49) filed by Plaintiff Keithroy Francis, the Response (DE # 53) filed by Defendant National Revenue Service, Inc. (“National”), and the Plaintiffs Reply (DE # 54). For the reasons stated below, the Plaintiffs Motion for Summary Judgment is DENIED in part and GRANTED in part.

BACKGROUND FACTS 1

The Plaintiff, Mr. Francis, filed his Chapter 7 petition on October 16, 2005. On December 30, 2005, the Trustee…