Cox v. St. John (In Re St. John)

MEMORANDUM ON MOTION FOR SUMMARY JUDGMENT

DAVID T. STOSBERG, Bankruptcy Judge.

This case comes before the Court on the Defendant’s Motion for Summary Judgment. The Plaintiff filed a response in opposition to the Defendant’s motion. For the reasons set forth below, the Motion for Summary Judgment is granted.

FACTS

The Defendant filed a voluntary Chapter 7 bankruptcy petition on June 30, 2009. The Defendant did not list the Plaintiff as a creditor in his sworn bankruptcy schedules. On October 2, 2009, the Plaintiff filed this adversary proceeding seeking to except debts from discharge under 11…