Lucas v. Higher Education Assistance Foundation (In Re Lucas)

MEMORANDUM OF OPINION AND ORDER

RANDOLPH BAXTER, Bankruptcy Judge.

I

The matters before the Court are Higher Education Assistance Foundation’s (HEAF) motion for summary judgment against Joseph J. and Terry A. Lucas (Debtors), and the Debtors’ motion to amend their admissions. HEAF’s motion for summary judgment is based upon the failure of the Debtors to timely respond to HEAF’s request for admissions. Upon review of the pleadings, arguments of counsel and the record, generally, HEAF’s motion for summary judgment is hereby denied and the Debtors are granted leave to amend their admissions…