Kessel v. Guaranty Bank & Trust (In Re Kessel)

ORDER

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER comes before the Court upon Cross Motions for Summary Judg ment filed the Plaintiff and the Defendant. Both Plaintiff and Defendant assert that there are no genuine issues of material fact in dispute and that summary judgment is appropriate.

The facts, as shown by the pleadings and the submissions with the Motions, are as follows.

1. Gerald Kessel, husband of the Plaintiff, executed a promissory note in the sum of $400,000.00 in favor of the Defendant on September 26, 1984. Plaintiff did not obligate herself on this Note.

2. On that same…