Counsell v. Colfack (In Re Colfack)

ORDER

THOMAS L. SALADINO, Chief Judge.

This matter is before the court on cross-motions for summary judgment by the debtor-defendant (Fil.# 17) and the plaintiffs (Fil.#21). Paul Conley represents the debtor, and Randall V. Petersen represents the plaintiffs. Evidence and briefs were filed and, pursuant to the court’s authority under Nebraska Rule of Bankruptcy Procedure 7056-1, the motions were taken under advisement without oral arguments.

The plaintiffs’ motion is granted, and a separate judgment will be entered in their favor. The debtor-defendant’s motion is denied.

I. BACKGROUND

The…