Mitchell v. Danelson (In Re Danelson)

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

This adversary proceeding is a removed action from Montana State District Court wherein the Plaintiff Carol Mitchell, an attorney, filed a pre-petition complaint against the Debtor/Defendant to collect on a promissory note in the sum of $10,387.71. The Debtor’s answer admits the execution of the note, but resists payment on grounds the note was given under duress and constituted fraud. The Debtor further filed a compulsory counterclaim against the Plaintiff alleging professional negligence by the Plaintiff when representing the Debtor in the divorce…