Marvel v. Lasher (In Re Marvel)

MEMORANDUM OPINION AND ORDER

HELEN S. BALICK, Bankruptcy Judge.

In this adversary proceeding, Hiram N. Lasher moves for summary judgment on Counts I and II of the amended complaint of Harold and S. Jean Marvel, the debtors. The Marvels have cross-moved for summary judgment on these counts. This court previously granted Lasher’s motion for summary judgment on Count III. Marvel v. Lasher, 129 B.R. 27 (Bankr.D.Del.1991). This is a core proceeding. 28 U.S.C. § 157(b)(2)(B) & (K) (1988).

I. Facts

In considering a motion for summary judgment, the court views the record in the light most favorable to…