Cadle Co. v. McKernan (In Re McKernan)

MEMORANDUM

JOAN N. FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The matter before the Court is the “Motion to Dismiss Amended Complaint or for Summary Judgment and Motion to Reconsider” filed by the Debtor, James J. McKeman, Jr. (the “Debtor”). The Plaintiff, the Cadle Company (“Cadle”), filed an Opposition to the Motion.

II. PROCEDURAL HISTORY

The Debtor filed a voluntary petition under Chapter 13 on January 14, 1993. Two months later, he converted his Chapter 13 case to a case under Chapter 11, and the first meeting of creditors pursuant to 11 U.S.C. § 341 was scheduled for June 7, 1993. After the…