Duley v. Thompson (In re Thompson)

MEMORANDUM OPINION AND ORDER ON PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

John E. Hoffman, Jr., United States Bankruptcy Judge

I. Introduction

The plaintiffs, William Duley and Jack Lilley, are co-executors of the probate estate of Laura May Debolt. They allege that Wendy and Jason Thompson, the defendants and the debtors in the underlying Chapter 7 case,1 unlawfully disposed of assets of, and embezzled funds from, Ms. Debolt’s" trust, and wrongfully converted property belonging to Ms. Debolt to their own use. They sued the Debtors in state court, seeking an order removing Wendy as a…