United States v. Crawford (In Re Crawford)

OPINION AND ORDER

RICHARD L. MERRICK, Bankruptcy Judge.

This cause comes on to be heard upon the complaint of the mortgagee 1 under Bankruptcy Rule 13-401(d) for a dissolution of the stay provided by Rule 13-401(a). The present posture of the proceedings is that it is being considered by the Court upon the plaintiff’s motion for summary judgment.

In opposition to the motion the defendants have contended that Rule 56 of the Federal Rules of Civil Procedure places a burden upon the moving party to establish that there are no genuine issues of fact. As a matter of precision the applicable rule is…