Chalmers v. Benson (In Re Benson)

MEMORANDUM OPINION AND ORDER

RICHARD L. SPEER, Bankruptcy Judge.

This cause comes before this Court upon the Motion of the Plaintiff for Summary Judgment. When this case was originated in this Court it was an action to remove a case from the Hancock County Court of Common Pleas to this Court. In that action, the Plaintiff was suing the Defendant on a promissory note and for fraud in connection with that note. In an Order dated July 26, 1982, the State Court action was transferred to this Court.

On September 21,1982, the Plaintiff filed a request for admissions from the Defendant. Counsel for the…