Shuford v. Citizens South Bank (In Re Yatko)

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

J. CRAIG WHITLEY, Bankruptcy Judge.

A HEARING was held July 31, 2008 on the Plaintiffs’ Motion for Summary Judgment. Defendant Citizens South Bank Corporation was represented by David W. Smith. The Plaintiff/Trustee A. Burton Shuford represented himself.

The parties submit there are no facts in dispute and agree this action may be decided on summary judgment as a matter of law. Those undisputed facts follow:

1. The Robert and Valerie Ann Yatko (“Yatko’s”) filed a Chapter 13 petition with this Court on July 22, 2007. The case was converted to…