Stewart v. Gargac (In Re Gargac)

MEMORANDUM OPERION AND ORDER

RICHARD L. SPEER, Bankruptcy Judge.

This cause comes before the Court on Cross Motions for Summary Judgment. The Court has reviewed the Memoranda and affidavits, as well as the entire record in this case. Based on that review, and for the following reasons, the Court finds that Plaintiffs Motion for Summary Judgment should be Denied, and Defendants’ Motion for Summary Judgment should be Denied.

FACTS

The parties appear to agree to the following facts for the purpose of the Motions filed. The Defendants, Maria Gargac and William Gargac, were the owners of a large white…