Guernsey v. Old Kent Bank (In re Guernsey)

OPINION

LAURENCE E. HOWARD, Chief Judge.

This matter was brought before the court on the motion of Old Kent Bank for summary judgment. After reviewing the defendant’s motion, and the plaintiffs reply, I concluded that certain questions of fact existed. After requesting a stipulation of facts, and receiving none, the matter was set for evidentiary hearing which took place October 25, 1996. As a result of that hearing, I make the following findings of fact and conclusions of law. Fed.R.Bankr.P. 7052. This is a core proceeding. 28 U.S.C. § 157(b)(2)(F).

*200FACTUAL BACKGROUND

The parties are in…