Hummel v. Inn of Southwest Missouri (In re Hummel)

FINAL JUDGMENT GRANTING PLAINTIFFS’ COMPLAINT FOR INJUNCTION

DENNIS J. STEWART, Bankruptcy Judge.

In this action, the plaintiffs request that the bankruptcy court enjoin a state court action which has been brought by the defendant pursuant to an agreement formerly made between the parties in the course of the hearing of another adversary action. It is the contention of the debtors that, when none of the species of nondischarge-ability is alleged to exist with respect to the state court action, the state court action would be futile and, further, should be enjoinable to prevent the unnecessary…