Nesler v. Thomason (In re Thomason)

OPINION

GERALD D. FINES, Chief Judge.

This matter having come before the Court on a Motion to Dismiss filed by the Defendant, and Plaintiffs Resistance to Defendant’s Motion to Dismiss; the Court, having reviewed the written memoranda of the parties and heard arguments of counsel and being otherwise fully advised in the premises, makes the following findings of fact and conclusions of law pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure.

Findings of Fact

The material facts in this matter are not in dispute and are, in pertinent part, as follows.

1. On April 4, 2001, the Debtor,…