Simmons Capital Advisors, Ltd. v. Bachinski (In Re Bachinski)

MEMORANDUM OPINION ON MOTIONS FOR SUMMARY JUDGMENT

JOHN E. HOFFMAN JR., Bankruptcy Judge.

I.Introduction

Approximately two and one-half years before they filed a joint Chapter 7 bankruptcy petition, Gary J. Bachinski and Lisa Bachinski (“Bachinskis,” “Debtors” or “Defendants”) formed a friendship and a business relationship with Robert Simmons (“Simmons”), the managing member of Simmons Capital Advisors, Ltd. (“Simmons Capital” or “Plaintiff’). By the time the Bachinskis commenced their bankruptcy case they owed Simmons Capital more than $200,000, and both the personal and business relationships…