Sell v. Heath (In Re Heath)

ORDER DENYING SUMMARY JUDGMENT

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER is before the Court on the Plaintiff’s Motion for Summary Judgment, in this adversary proceeding against Carl Heath, the Debtor. The Plaintiff's complaint alleges that Heath acted fraudulently by tendering a check to Plaintiff, for services rendered, knowing that these were insufficient funds to cover the check.

In July of 1985, Plaintiff performed design services for Defendant Carl Heath, doing business as Heath Landscaping, pur suant to an oral agreement for which on July 3, 1985 Heath tendered to Sell his check…