Fidelity Financial Services, Inc. v. Cornell-Cooley (In Re Cornell-Cooley)

ENTRY

BARKER, District Judge.

Fidelity Financial Services appeals the bankruptcy court’s denial of its motion for summary judgment and adverse discharge-ability determination. The appeal has been fully briefed, and based on a review of the parties’ filings, the record, and the relevant case law, it is ORDERED that the judgment of the bankruptcy court is AFFIRMED in part and VACATED and REMANDED in part.

I. Background

On July 3, 1987, Patricia Elaine Cornell-Cooley, an experienced real estate agent, executed and delivered to Fidelity Financial Services a promissory note/mortgage for the amount of…