Hovis v. Ducate (In Re Ducate)

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

DAVID R. DUNCAN, Bankruptcy Judge.

THIS MATTER is before the Court on Anne L. Ducate’s (“Defendant”) Motion for Summary Judgment (“Motion”) pursuant to Fed. R. Bankr.P. 7056. A hearing was held on the Motion October 3, 2006 where both Defendant and Ryan W. Hovis (“Trustee” or “Plaintiff’) appeared, by and through counsel, to argue the Motion.

Factual Background

John Ducate, Sr. (“Debtor”) was a member of numerous corporate entities over the years. Two are most relevant to the present action. Debtor was the…