Kaler v. Kana (In re Kana)

MEMORANDUM AND ORDER

SHON HASTINGS, Bankruptcy Judge.

Before the Court are a Motion to Dismiss filed by Debtors-Defendants Dale C. Kana and Barbara LoAnn Kana on January 17, 2012 and converted to a Motion for Summary Judgment at the hearing on August 14, 2012, a Motion for Summary Judgment filed by Plaintiff Kip M. Kaler, Chapter 7 Bankruptcy Trustee, on January 17, 2012, and a Motion for Relief filed by the Trustee on February 16, 2012. Both the Trustee and Debtors filed responses to the opposing party’s motions.

On October 7, 2011, the Trustee brought this adversary proceeding against Debtors,…