Bowe v. Kilmartin (In re Kilmartin)

MEMORANDUM-OPINION

THOMAS H. FULTON, Bankruptcy Judge.

THIS ADVERSARY PROCEEDING comes before the court on Plaintiff Kyle Bowe’s motion seeking summary judgment against Defendant Joseph J. Kilmartin. For the reasons expressed below, the Court DENIES the Plaintiff’s Motion.

FACTUAL BACKGROUND

On or about January 23, 2009,1 Plaintiff and the Defendant found themselves in a home located in Pemberton Township, Burlington County, New Jersey. There, the two men became involved in a violent altercation.

Accounts of the incident differ. The Plaintiff claims he was struck first without provocation, while…