Falcone v. Prosperity Bank & Trust (In re Falcone)

MEMORANDUM OPINION

DOUGLAS 0. TICE, Jr., Bankruptcy Judge.

The debtors, Gary and Jolene Falcone, filed a complaint under Bankruptcy Code § 506, to determine the extent and validity of a lien held by Prosperity Bank, and under § 362(a)(7), alleging that the bank made a setoff in violation of the automatic stay. The debtors filed a motion for summary judgment on their complaint. A hearing was held on April 22, 1992, and the issues were taken under advisement. Subsequently, the bank filed a summary judgment motion.

' Debtors’ counsel has argued that even if their summary judgment motion is denied,…