Kelly v. Stover (In Re Stover)

ORDER ON MOTIONS FOR SUMMARY FINAL JUDGMENT

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 7 case and the matters under consideration are two Motions for Summary Judgment, one filed by Preston Kelly, Jr., the Plaintiff (Kelly) and one filed by the Defendants, Samuel Joseph Stover, and Marsha Yvonne Stover, a/k/a S/L Mobile Homes, (Debtors). The Motions are filed in an adversary proceeding filed by Kelly who seeks the determination that the debt allegedly owed by the Debtors is non-dischargeable by virtue of § 523(a)(3) of the Bankruptcy Code. Both parties agree that the facts are without…