Vulcan Coals, Inc. Ernest Fetner Janice Fetner v. Laurence B. Howard, Jr.

WELLFORD, Senior Circuit Judge.

Plaintiffs, Vulcan Coals, Inc. (Vulcan), Ernest Fetner, and Janice Fetner, filed an adversary complaint in bankruptcy court, seeking a judgment of non-dischargeability for a loan guaranty made by defendant, Laurence B. Howard, Jr., in the total amount of $250,000. The bankruptcy court granted defendant’s motion for summary judgment with respect to the first $150,000 of the total loan in dispute, finding that plaintiffs had failed to produce any proof of fraudulent activity on the part of Howard concerning the initial loan of $150,000. The court also held that…